“Never ever say I fired that employee because he/she/it was a homo.”
Doesn’t matter, you can still be sued, held liable, fined, put under a consent order, etc, even if you never say that. That’s what “disparate impact” is for. They simply demonstrate that you haven’t hired enough homos, or trannies, or whatever, and they don’t need to demonstrate what your motivation was. The court will assume that, based on the end result, there must be some systemic discrimination happening, even if you have all sorts of other explanations ready at hand.
Sounds like a thought crime at that point
However a paper trail is the best thing to use as a defense.
Sales down while that employee was hired is a good example
Sales up after the employee was fired is more good proof
You can always fire for cause
You can always fire for no cause
Just as a long as the cause isn’t he’s a homo or he’s black or he’s Christian or any protected group, you are fine.
The employee was hired, so obviously the employer wasn’t discriminating, if the owner hated homos, he would have never hired a homo in the first place Exhibit 1
Sales were down, the three months, the funeral home was losing money, employee was unable to close sales, ownership had to make a business decision, either fire the employee not making sales or go out of business and liquidate. Ownership fired employee for not making sales targets over the past three months. Exhibit 2
Ownership appointed himself in the sales position, sales were return to normal month over month averages and the business was saved from liquidation. Exhibit 3