It isn’t enough to fix discrimination and end harassment when you find out about it. Under California’s Fair Employment and Housing Act (FEHA) your organization has a duty to prevent it. FEHA makes it an unlawful employment practice “for an employer ... to fail to take all reasonable steps necessary to prevent discrimination and harassment from occurring” in the workplace.
Those steps should include making sure no one utters slurs, tags offensive graffiti or punishes employees who complain about discrimination or harassment.
Recent case: Antia Lelaind, who is black, worked for the City and County of San Francisco. She complained when a white male subordinate appeared to threaten another black subordinate and when nooses appeared in the workplace.
When the black subordinate sued for discrimination, Lelaind testified on her behalf. She claimed she was discriminated against and retaliated against for doing so. Lelaind said she was moved, given no work, no access to her computer and no office. She said her was downgraded.
Lelaind sued under both state and federal laws. She lost her federal and FEHA claims on a technicality, but the court said her failure-to-prevent-retaliation and discrimination claims could go to trial. (Lelaind v. City and County of San Francisco, No. 06-05870, ND CA, 2008)
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/6065/take-responsibility-for-preventing-harassment-discrimination "
- Base all decisions on legit business needs--and then be sure to document your reasoning
- New retaliation rules: What managers need to know
- Federal court makes it tougher for employees to prove retaliation
- Independent investigation doesn't have to be perfect
- Mere lifting restriction doesn't constitute disability