Failure to Train Discrimination Defense

Some Colorado employers are faced with an employment discrimination charge when an employee alleges that the employer discriminated against them by failing to train them.

• Colorado Courts generally allow failure to train discrimination cases to move forward at trial.
• There does not have to be a material adverse change in the terms and conditions of employment.

Various Employer Approaches for Failure to Train Discrimination Defense

When defending failure to train discrimination cases, Colorado employer defense attorneys may want to show that the denial of a training opportunity did not affect the employee’s pay, hours, job title, responsibilities, promotional opportunities, etc.

A failure to train discrimination defense is very fact intensive. Employers want make sure that their internal policies allow for fair training opportunities for all employees. The ability to advance in the workplace is becoming a hot item in employment discrimination cases. See information about hostile environment in the workplace.

• Employers also want to provide information to employees about advancement and also consider having a tailored training plan that tracks the employee’s ability to move up in the company.
• When looking at defending a failure to train discrimination lawsuit, employers may also want to show a court that an employee, although provided a training plan, did not take advantage of outside education opportunities, or any other efforts.

Workplace Discrimination – Failure to Promote

A close cousin of a failure to train discrimination defense is when employees file EEOC charges alleging that the employer has engaged in workplace discrimination by always promoting others ahead of them.

In this type of case, failure to train almost always comes up. Although an employee may have worked at the employer’s business for more years than the promoted employee, it can be a defense to show that the promoted employee also engaged in educational opportunities where the charging employee did not. Learn more about the Employer’s Bona Fide Occupational Qualification BFOQ Defense.

• There are several approaches to handling a failure to train discrimination defense.

For legal advice and help responding to an EEOC complaint, call our Colorado employment discrimination and employer defense lawyers at 1-866-601-5518.