Many companies, at one time or another, will be sued for discrimination or harassment. When this occurs, it is not uncommon for the lawsuit to be brought by a current employee who continues to work for the company. This creates an uncomfortable situation—and poses a significant risk that the employee will perceive any subsequent negative actions by the company as retaliatory in nature, and will then add an additional claim of retaliation.
It is a bizarre experience to direct the assignments of the employee one day, only to sit across the table from him or her in a deposition the next. Nonetheless, a company’s priority should be to ensure that its subsequent actions after its receipt of the lawsuit do not transform a meritless case of discrimination into a convincing case of retaliation. How should an employer navigate the treacherous waters of supervising the employee all the while vigorously defending the litigation?
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