If you receive notice that you are facing a discrimination complaint, your first inclination may be to react instantaneously to make the problem go away. But that would be a mistake, says Rodney G. Moore, a shareholder at Baker, Donelson, Bearman, Caldwell & Berkowitz, PC.
Complaints are often filed based on the acts of managers and employees, but they can also be filed against the company based on the alleged misconduct of owners, executives or in-house counsel; and, unlike other charges filed against your company, the naming of owners or officers in the complaint inserts an added level of complexity to an already complex process.
As a result, when facing a discrimination complaint, there are steps you should take within the first days of learning of the complaint to help minimize the future impact.
“Within 24 hours, if the complaint names you personally, bring in a trusted adviser to help you make initial decisions, including the decision of retaining counsel,” says Moore. “Hopefully you have an existing relationship, but, if not, ask your adviser to identify the best counsel to meet your needs.”
Smart Business spoke with Moore about the steps to take when served with a discrimination complaint.
What is the first thing you should do after learning that you, your officers or your company is facing a discrimination complaint?
The No. 1 rule in responding to such a crisis is to avoid allowing the accused to make quick decisions based on emotions. Understand that upon learning of the complaint, the accused — even if it’s you — likely lacks the emotional state of mind to make good, informed choices about the case. Often, the emotional response is ‘that liar, she is out of here.’ In the case of an owner or CEO, you should immediately consult with a trusted adviser to advise you in the decision-making process. That person can be another company executive or officer, in-house counsel or a vested manager, but make sure that it is someone who will be open and honest with you and not just tell you what he or she thinks you want to hear.
Who else do you need to contact?
If you are insured, put your insurance carrier on notice that a complaint has been filed. Your insurance carrier, through appointed counsel, can help to respond to an Equal Employment Opportunity Commission charge or an internal complaint. The carrier can be a valued ally as you work to fight the complaint against you.
Whether choosing counsel on your own or using counsel appointed by your insurance carrier, make sure that that person has the breadth and depth of experience to match the parameters of the case. Although many attorneys may have peripheral experience in this area, you will be better served by working with someone who specializes in discrimination complaints.
