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
“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.”
Sorry, but that is no longer true, and it hasn’t been true for decades. You can be held liable even if you have 100 good excuses for every firing (or not hiring). The courts do not base their judgement on that anymore if a case is brought under the “disparate impact” criteria:
“... a disparate-impact claim does not require proof of an intention to discriminate. Instead, showing that a facially neutral employment practice has a disproportionately adverse impact on a protected group states a prima facie case of unlawful disparate-impact discrimination.”