If you’re ever hauled into court to testify in a lawsuit against your organization, what you say, and how you say it, can sink your defense—or help you win. Don’t forget: More than your credibility may be on trial; you could be held personally liable for some discriminatory acts.
The good news: You can ward off an opposing attorney’s attempts to discredit you. But first you must know the weak points your employee’s lawyer will seek to exploit. Here are the 10 weaknesses you must be prepared to defend:
1. Being unfamiliar with your policies and procedures. A jury will view your ignorance as uncaring and lax, at best; purposeful and negligent, at worst. How can you enforce policies that you don’t even know yourself?
2. Sloppy documentation. Most discrimination cases aren’t won with “smoking gun” evidence. They’re proven circumstantially, with documents or statements made before the lawsuit is filed. You would never directl...(register to read more)