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TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4430
Experience:  Contracts, Wrongful termination and discrimination
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If an employee brings a discrimination claim against her manager

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If an employee brings a discrimination claim against her manager and that claim turns out to be false, what options does the manager have? Is there grounds for defamation of character?
Thank you for your question.

Did the employee bring the claim in a court of law or with a state regulatory agency, or did the employee simply raise the claim internally?

I look forward to hearing back from you.
Customer: replied 4 years ago.

a complaint was filed with the EEOC

Thank you for your response.

Where a complaint is made to the EEOC, this will prevent a defamation claim, as all the statements made in a claim to a government agency such as this are considered privileged and thus immune from defamation.

This is also true for claims brought in civil courts. Even when a claimant's claim is false in civil court, they cannot be sued for defamation based on those claims.

However, if the employee's complaints were made to your employer as well, and these internal statements have injured your reputation, you can base a personal defamation claim on this. It would be brought in your personal name and not as the employer.

Please let me know if you have further question. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating does not cause an additional charge and will not prevent us from further discussing your questions.

Best Regards,
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