Management Liability (Directors & Officers Liability, Employment Practices Liability, Fiduciary Liability)

We help our clients defend against employment law claims. Developing credibility with the EEOC and State Rights Commission takes time. Plaintiffs seek to show discrimination and harassment through fact intensive discovery. We defend showing business necessity, job relatedness, or bona fide occupational qualification under their specific definitions. In defense of wrongful termination or contract breach, we show that decisions were lawful, legitimate, nondiscriminatory, and the policy was applied consistently. In wage and hour disputes, we encourage demonstration of accurate and complete time records, with properly calculated breaks for the statutory period. Proper record keeping is enforced. Documentation through performance reviews, attendance, and text/emails are maintained with remote work.

A bona fide occupational qualification (BFOQ) will be essential to the business’ operation, directly relating to the essential job duties, whether there are no reasonable alternatives to meet the job’s requirements. See Civil Rights Act of 1964 and the Age Discrimination Act in Employment Act of 1967 (ADEA).

Under a business necessity defense, a legitimate business goal may require specific certifications or skills such as language proficiency.

Similarly, actions may be related to the position, and failure to meet expectations may validly justify actions that could also be viewed as discriminatory.

Compliance with security regulations can justify actions. Seniority and merit systems can be standardized and fair, and without bad intent. Later discovered misconduct may also strengthen a defense. Legitimate, nondiscriminatory reasons such as downsizing or poor performance are valid where not pretextual.