In two recent decisions, our firm was successful in recovering monetary relief for employers that had either been victimized by employee wrongdoing or unsuccessfully sued by employees. We covered the first case in “Payback time: Employer wanted its money back—and got it!” Now we’ll discuss a case in which an employer recovered substantial court costs because a court applied plain-old common sense when it looked at existing rules.

It’s one of the toughest HR problems: Handling a sexual harassment claim when the alleged harasser is a supervisor. But all is not lost. With proper planning, you can minimize the liability risk. Here’s how:

Allegedly lewd and crude behavior by managers has led the EEOC to file a sexual harassment lawsuit on behalf of female employees of Delray Beach-based Cobra Construction and Cobra Pavers and Engineering.

An employee who has been discharged may go looking for some underlying reason other than poor performance to explain why she got the ax. And she may suddenly remember incidents that now seem awfully a lot like sexual harassment. Your best defense to such charges is a robust harassment and discrimination policy that tracks every complaint.

Employees who complain about discrimination are protected from retaliation—but not from every consequence of their complaint. Take, for example, what often naturally occurs when someone files a harassment complaint that turns out to be unfounded or unworthy of drastic action like firing the alleged harasser. There’s bound to be backlash from other employees ...

Some work environments are more at risk than others for sexual harassment to develop and fester. And those employers have a special obligation to look for harassment—and stop it. For example, if a few women now hold jobs traditionally performed by men, make sure the women aren’t being subjected to sexually demeaning or offensive conduct.

It’s frustrating when an employee continually claims to be the victim of discrimination while internal investigations show that just isn’t so. If an employer is confident the employee’s charges are false, it can terminate the employee. That’s true even if you turn out to be wrong—because what matters is your good-faith belief that the employee made up the discrimination claims.

The upcoming holidays will surely bring company celebrations—and a predictable increase in sexual harassment lawsuits. That’s true even for unofficial events if employees believe they are expected to attend. Here’s what you can do if festivities get a bit out of hand, either at a company-sponsored event or an unofficial one.

Most employers have policies in place to prevent or stop sexual harassment by supervisors and co-workers. Today, that isn’t enough. The reality is that you must also protect employees from customer or client harassment. Unless your sexual harassment policy addresses such harassment, you may find yourself facing a jury trial.

Q. I own a themed restaurant where some employees dress in costumes to entertain the children. Last week, an employee complained that a “regular” grabbed her breasts through her mouse costume. Am I correct that I don’t have any responsibility because the groper wasn’t one of my employees?

The ADEA makes it illegal to discriminate against people age 40 and older in hiring, terminations, pay, promotions, benefits and any other terms of employment. Here are the key areas where age bias claims typically pop up:

New York City employers may soon have a definitive answer to a vexing question under the New York City Human Rights Law (NYCHRL). The 2nd Circuit Court of Appeals has asked the New York Court of Appeals to tell the federal court whether the NYCHRL permits employers to raise the affirmative defense available under U.S. Supreme Court sexual harassment rulings.

If you use employment contracts for key employees, and those contracts include a “for cause” discharge clause—essentially allowing you to terminate the contract (and employment) for specified reasons—include a paragraph that includes acts or omissions that occurred before the contract was signed.

A manager for PetSmart’s Pottstown and Wyomissing, Pa., stores got his employer in the doghouse after he sexually harassed female employees. It seems the manager was something of a beast. When female employees complained, they got the corporate equivalent of “Sit! Stay!” PetSmart failed to address the women’s concerns.

Paul Falcone, author of 101 Tough Conversations to Have with Employees, offers these scripts to follow when you need to have awkward but essential conversations with employees. Here's what managers should say after they've said, "Hey, got a minute?" Falcone will present more of his powerful advice in Tough Talks: Scripts and Strategies for Difficult Employee Discussions, an HR Specialist webinar happening this Thursday, Nov. 12.

Occasionally, employees work up the nerve to complain about sexual harassment only to get cold feet about pressing their complaints or naming names. What should you do if an employee complains, but then just asks for a transfer instead of identifying the alleged harasser? That’s the situation one employer recently faced.

A University of Minnesota study of sexual harassment shows that female supervisors are more likely to be harassed than women with no supervisory duties. More than half of the female supervisors who responded to the survey reported having been sexually harassed on the job. But only 30% of women with no supervisory duties reported harassment.

Question:  My supervisor, “Jake,” is infatuated with me. He vies for my attention and pouts when I insist on keeping our relationship strictly professional. He has even hinted to his buddies that we’re having an affair, which is totally untrue. Before his behavior became obsessive, I used to be friendly with both Jake and his wife. I keep telling him that I’m not interested, but he still continues this sad, pathetic fantasy. Short of filing charges, how can I put a stop to this? — Not Interested

For years, employers have grappled with the question of what exactly is “sexual harassment” and how much sexual banter is allowable. But lost in that debate is the fact that a workplace is just that—a place where work is supposed to be done. Here’s one good way to end this legal tightrope-walking and prevent potential problems down the line: Implement a policy that clearly bans sexual banter. Then punish those in violation.

HR is being forced to respond to an increasing number of sexual harassment claims revolving around explicit photos sent via text message, a practice known as “sexting.” Latest case: A Hooters waitress in Florida sued, saying her manager sexually harassed her by texting explicit photos.

Here’s a simple rule of thumb: Managers and supervisors should never comment on any aspect of an employee’s sexuality. That goes for female supervisors, too, who may believe that only women can be victims of sexual harassment.

A female Dallas police officer complained that a co-worker touched her and called her “darling.” A quick internal investigation led to a warning and counseling for the co-worker. It never happened again. Still, the officer sued for sexual harassment ...

Fortunately, courts don’t have the time or inclination to guarantee that every workplace is free of irritations or minor problems. Those can include what some employees may interpret as sexual harassment. One relatively innocuous pass isn’t usually enough for an employer to lose a case in court.

Many sexual harassment complaints turn out to be much ado about very little. That doesn’t mean, however, that you can close the case and forget about the whole thing. That can be especially dangerous if the person about whom the complaint was made is a supervisor who still has authority over the employee who complained. Here’s how to handle the aftermath of a closed harassment complaint:

Employees whose supervisors sexually harass them have a fairly easy time winning their cases. But courts are much more lenient when the alleged harasser is a co-worker. That means employers can relax a little if an employee complains about a co-worker. Fortunately, the alleged harasser’s title isn’t the deciding factor. Instead, courts look to the actual job responsibilities.

Employers that quickly respond to employee sexual harassment and hostile environment complaints cut their liability.

You know it’s illegal to retaliate against an employee who returns to work after winning or settling a lawsuit against you. But that doesn’t mean management has to be afraid of her, worrying that she’ll perceive every little slight as the organization’s way of getting back at her. As the following case shows, employees can’t cry retaliation for the little stuff.

Late-night talk show host David Letterman came under fire earlier this month after admitting—to ward off a blackmail plot—that he’d had sexual relationships with several female staff members. While Letterman is unlikely to make any Top 10 Lists of good bosses, does his misbehavior rise to the level of sexual harassment? And what’s the lesson from all of this?

If bosses question employees about sexual relationships, you could wind up facing a sexual harassment complaint. And it may not be a simple case of quid pro quo harassment, but rather a hard-to-defend hostile environment claim.

Employers can do plenty to stop sexual harassment, but employees have obligations, too. If the company has a process for reporting co-worker sexual harassment, employees must follow it. Otherwise, they lose the right to complain. That’s why you need a sexual harassment policy that gives employees the information they need to come forward.

Courts take retaliation seriously. In fact, they may hesitate to say an employer discriminated against an employee based on race, sex, age, disability or some other protected characteristic, but they’ll clamp down hard if they have the slightest suspicion that the employer punished the employee for merely alleging discrimination.

In a perfect world, no one would ever utter a slur or make a derogatory comment. But this isn’t a perfect world, and employees come to work with emotional and cultural baggage. It’s up HR to make sure that baggage doesn’t turn into a discrimination lawsuit. 

Here’s another reason to act fast when an employee says a co-worker has sexually harassed her: Employers that act quickly seldom lose sexual harassment lawsuits if their action stops the harassment.

No sexual harassment policy will protect your company if what is going on in the cubicles or on the shop floor is blatantly offensive. It may not even matter that the offended or harassed employee didn’t follow your complaint policy and report the harassment to upper management. If she tried to talk to her immediate supervisor, that’s enough.

For years, employers have grappled with what sexual harassment is and what it isn’t. Lost in the debate is the fact that a workplace is just that—a place where work is supposed to be done. Here’s a good way to end the arguments about what is sexual harassment and prevent potential problems down the line: Implement a policy that clearly bans sexual banter.

Some employees are more sensitive to potential sexual harassment than others. What some might disregard as innocent flirtation, others might consider an unwelcome come-on. Courts often throw out harassment suits that start that way, but why tempt fate—or spend time and money defending yourself?

When you receive an EEOC complaint, investigate what other claims the employee, applicant or former employee could potentially bring. Courts have been granting more latitude to throw additional accusations into EEOC complaints after the fact.

Employers sometimes mistakenly believe that consensual sexual activity between a subordinate and a supervisor isn’t sexual harassment. That’s simply not the case. Fear or threats of losing one’s job can be enough to force an employee to “consent,” but agreeing to participate doesn’t rule out a later sexual harassment lawsuit.

One of the most legally dangerous things you can do after you terminate an employee is change the reason for ending the employment relationship. Instead, decide on a defensible rationale at the time of the termination. Document that decision and all the supporting evidence. Then remind execs and supervisors to stay on script.

Lots of employers win sexual harassment lawsuits, but not until they have had to air their dirty laundry in public—and pay for the privilege, too. That’s one reason to insist on a professional workplace free of sexual innuendo and harassing behavior. HR performs one of its most valuable services when it impresses on management the high cost of winning a sexual harassment lawsuit ...

American workers can access the Internet, e-mail, instant messaging and other forms of electronic communications from anywhere at anytime. While electronic communication helps people do their jobs, it also leaves a trail. A telephone conversation relies on the memory of two participants, but e-mail and IM discussions can be preserved for years to come. And, given the casual way so many people fire off e-mail these days, that can spell legal trouble for employers.

Warn your supervisors and managers: If they sexually harass business associates who aren’t your employees, those associates can sue for sexual harassment, too. The harassment has to meet the same standards as in the employment setting.

Occasionally, employees work up the nerve to complain about sexual harassment only to get cold feet about pressing their complaints. What should you do if an employee complains, but then just asks for a transfer instead of identifying the alleged harasser? That’s the situation one employer recently faced.

Employers often get into trouble when they punish someone who has filed an internal harassment or discrimination complaint. But that doesn’t mean you shouldn’t discipline employees for legitimate reasons just because they filed an unrelated complaint. The key is being able to show a good reason for your actions.

Even if it’s all in their heads, some employees think their co-workers and supervisors are out to get them. If they’re unable to find an attorney willing to take the case, they’ll often file the lawsuit themselves, asking the court to find and pay for an attorney. Fortunately, fewer and fewer judges are granting those requests.

The U.S. Supreme Court hasn’t decided any big sexual harassment cases for several years. That doesn’t mean the problem has disappeared or that employers should slack off in their efforts to prevent and fix sexual harassment. Instead, review your training program to make sure sexual harassment gets the attention it deserves. Then be sure to investigate any harassment complaints you receive.

Ever since the Supreme Court decided the White v. Burlington Northern case in 2004, retaliation lawsuits have been all the rage. But lately there’s been good news for employers. Courts have been refining the retaliation standard for almost five years and have begun concluding that truly minor work changes aren’t retaliation.

In a significant ruling interpreting the Illinois Human Rights Act, the Illinois Supreme Court recently expanded employers’ potential exposure to sexual harassment claims and damages by holding that an employer is strictly liable for sexual harassment committed by a supervisor, even if the supervisor does not directly supervise the employee who is harassed.

When an alleged sexual harasser is a supervisor, employers aren’t liable if there was no tangible employment action taken—the harassed employee wasn’t fired, demoted or otherwise punished—and the harassment was stopped promptly. But it doesn’t always work out so neatly in larger organizations.

Workplace investigations sometimes open a can of worms. What if, for example, you find out that an employee complaining about sexual harassment had engaged in wrongdoing, too? Even if the wrongdoing is related to the underlying sexual harassment complaint, you can and should punish the employee for that.

Courts don’t want to become micromanagers. Employers still get to decide how supervisors should treat subordinates, as long as they’re not biased and their behavior doesn’t cross the line into harassment.

Last year, U.S. employees filed a record number of legal complaints claiming they suffered discrimination at work. You know that U.S. anti-discrimination laws require managers to treat all applicants and employees equally. But what, specifically, do the laws require of supervisors and managers? Here’s a rundown:

The 3rd Circuit Court of Appeals has ruled that managers who actually supervise the work of subordinates have a duty to report sexual harassment when they learn of it. If they don’t, their employer can still be held liable.

Discipline and termination meetings are emotionally charged events that carry the potential for nasty words, hurt feelings and even legal troubles. As a manager, you never know how employees will respond to discipline or firings. But you need to be prepared for anything—including employees who “let it all out” in long, loud rants. Follow these four do’s and don’ts to defuse rants and avoid lawsuits:

Employers are rightly sensitive about the effects of any kind of sexually explicit talk at work. That’s because some employees are looking for anything to sue over. But now the 2nd Circuit, which has jurisdiction over New York, has handed down a ruling sharply limiting frivolous cases that could have set unrealistic employer obligations.

One of the worst things you can do after you terminate an employee is change the reason for ending the employment relationship. Instead, decide on a defensible rationale—a performance problem or rule violation, for example, or perhaps a business downturn—and document that decision and all the supporting evidence.

Q. A female employee has made a hostile environment claim for the first time. She alleged that her male supervisor began sexually harassing her more than two months ago. She claims she didn’t complain sooner because she feared her supervisor would retaliate against her. Based on her excuse, will we still be able to defend against a lawsuit claim by asserting that she unreasonably failed to use the complaint procedure available to her to prevent and stop any alleged harassment?

Celeste Bruno used to work for Key West Mayor Charles “Sonny” McCoy. She claims he constantly regaled her with tales of his sexual conquests and asked prying questions about her and her husband’s sex life. She filed a sexual harassment complaint with the EEOC claiming the county knew of the mayor’s behavior and did nothing to stop it.

If you are a public employer, you know how hard it is to punish an employee. Now the California Court of Appeal has made it a little easier by overturning a Civil Service Commission decision that merely slapped a harasser on the wrist. Now it’s clear that government employers have to take serious measures to end harassment in the workplace.

The town of Morristown has settled a long-running sexual harassment case for just under $1 million. The case involved IT specialist Ann Marie Spagnola, who alleged her boss, Eric Maurer, subjected her to sexual harassment by exposing her to sexually explicit materials.

Q. An employee of ours has filed several sexual harassment complaints. But when we have investigated, they have turned out to be false. Can we do something about her?

Title VII protects employees from discrimination based on sex, and sexual harassment is sex discrimination. That doesn’t mean, however, that every unwanted work relationship is sexual harassment. As a recent case shows, an obsessive interest, unrelated to sex, by one employee in another isn’t prohibited.

Like people, some workplaces welcome huggers. Others prefer a smartly extended right hand. "To hug or not to hug" is the question ... and here's the answer.

Question: What kind of touching is considered “inappropriate” at work? I don’t mean sexual contact, but simply an occasional pat on the arm or a hand on someone’s back. One of our managers, who is naturally gregarious, received a formal complaint about this kind of touching. The complaining person never said before that she was offended, so how was he to know? My own management style has been described as warm and “touchy-feely.” Should I start being more careful? -- Concerned

Don’t think that because your organization doesn’t have direct control over some workers, you’re not their “employer” under federal law. Simply put, you’re probably the employer if you assign projects, control the means by which assignments are completed, specify the skills required, control how the work is done and hire and decide how much to pay the worker.

It’s fairly common for someone accused of sexual harassment to counter that, in reality, he was the one who was being harassed. Then he gives HR a detailed complaint and a lengthy list of people to interview. Don’t let this tactic dissuade you. Instead, complete your investigation just as you would any other.

Employers sometimes mistakenly believe that consensual sexual activity between a subordinate and a supervisor isn’t sexual harassment. That’s simply not the case. As long as the activity was unwelcome, it doesn’t matter if the employee being targeted agreed to the supervisor’s demands. Fear or threats of losing one’s job can be enough to force an employee to “consent.”

It’s been many years since a big sexual harassment case hit the Supreme Court. That’s no reason for employers to rest easy. Regularly review your sexual harassment policy to make sure it’s doing what it should do. Don’t forget to train new managers and supervisors on how to handle complaints, especially those who have recently been promoted from lower-ranking positions.

Lissa Hannan, a Verizon employee in the Pittsburgh area, filed a complaint alleging a male contractor sexually harassed her. The company essentially put her on hold and then hung up. Ten days after she filed her complaint, Verizon fired Hannan. The company ended up agreeing to pay her $37,000 to settle the lawsuit.

Some people have more trouble than others managing personal relationships. When such a person has a supervisory role, the result can be disastrous. Don’t fear discharging a lousy manager based on what you observe or find out following an investigation.

Some sexual harassment claims seem so obviously absurd, they’re hard to take seriously. Even so, smart employers investigate and draw conclusions after at least talking to the parties involved. That way, should an employee sue, the company can show it handled the matter promptly and in good faith.

If you have ever been tempted to fire an alleged harasser just because you suspected the alleged victim might sue, consider this: The 2nd Circuit Court of Appeals has concluded that fear of being sued is no excuse for firing a suspected harasser without investigating.

The Star-Tribune, one of the 20 largest newspapers in the country, has signed on to a class-action settlement agreement involving two women who filed sexual harassment charges against the company. The agreement was worked out by the EEOC after two women working in the mailroom claimed they were subjected to a sexually hostile work environment.

Title VII protects employees from discrimination based on sex, and sexual harassment is sex discrimination. Essentially, the law protects employees from harassment because of sex—and that can include same-sex harassment. But at what point do friendships among co-workers run the risk of slipping into dangerous territory?

Question: “My boss recently confessed that he has “feelings” for me. I am happily married and definitely do not share these feelings. The situation is uncomfortable, because he is the owner of this very small business. Although I have handwritten notes documenting his "emotional attachment,” I have been told this is not sexual harassment. I began looking for a new job, but so far have had no luck. My boss says his feelings haven’t changed, and he wants to know whether I am still planning to leave. What should I do?” — Pursued

Experts say Judge Sonia Sotomayor, President Obama’s Supreme Court nominee, will bring a pragmatic perspective on employment law to the High Court if she is confirmed. Here's a rundown of employment law decisions she has rendered from her current seat on the 2nd Circuit Court of Appeals.

You may think your managers know how to respond to harassment claims. But what if those complaints are about male-on-male or female-on-female harassment? That’s not what harassment looked like in the training video! Would your managers shrug it off--as in the following case--by saying, “Don’t be so sensitive. Go back to work!” If so, get ready to write a big check—and don’t be so “sensitive” about how many zeros your company might have to put at the end.

Imagine sitting in a staff meeting, and every time you offer a suggestion someone looks at you and shakes her head. Or a co-worker consistently “forgets” to invite you to meetings. It may seem trivial, but belittling behavior—or bullying—can take a toll, especially when it occurs over and over again.

Generally, state agencies can’t be sued in federal court for federal employment law violations unless they have explicitly agreed to give up their right to sovereign immunity. Even so, federal courts are reluctant to leave employees out in the cold.

On Jan. 26, the U.S. Supreme Court once again expanded the ability of employees to sue for retaliation. The court held that an employee who answers a question about a fellow employee’s improper conduct during an internal sexual harassment investigation is engaging in “protected activity” under Title VII of the Civil Rights Act.

Some companies mistakenly believe that offering an employee the option of quitting or being fired can save them from a later lawsuit. That isn’t always the case even if the employee decides to resign. In fact, an employee who quits to avoid being fired may have been “constructively discharged” and can still sue ...

Back in 2004, Grimes County Auditor Sidney “Buck” LaQuey took a shine to Bridgette Massey, whom he hired to work in his office—even though she had no auditing experience. Eventually, Massey filed an EEOC complaint in 2006, followed by a lawsuit in 2007, alleging sexual harassment and retaliation ...

Q. May an employer include language in its sexual harassment policy imposing discipline on employees who bring false claims of harassment?

Q. We are looking into an allegation of sexual harassment. According to the alleged victim, after she came forward, other employees began telling her they had similar problems with the alleged harasser. None of those incidents was ever reported. Must we expand our investigation to include the unreported incidents? Where do we draw the line?

Murphy Ford of Chester will pay $244,000 to settle sexual harassment complaints from three female employees. According to a complaint filed with the EEOC, the women complained to management about the dealership’s service manager who used to grab his private parts and make sexually explicit comments.

The EEOC and the Civil Rights Division of the New Jersey Office of the Attorney General are partnering to launch a campaign to educate New Jersey youth and employers about workplace discrimination.

A Clemmons Burger King is the latest fish caught in the EEOC’s teen sexual harassment net. Burger King will pay $85,000 to a teenage employee who was subject to unwanted touching, sexual advances and requests for sexual favors from the store’s general manager.

Last year, U.S. employees filed a record number of legal complaints claiming they suffered discrimination at work. You know that U.S. anti-discrimination laws require managers to treat all applicants and employees equally. But what, specifically, do the laws require of supervisors and managers? Here’s a rundown.

Before firing any employee who has filed a harassment complaint, make sure your reasons are solid—and extremely well documented. That means checking to make sure supervisors followed company rules. Ensure that other employees with similar records were also fired. And be sure all documentation you are relying on was clearly created before the discrimination complaint.

A former secretary who worked for the New York City Department of Aging has settled her sexual harassment lawsuit against the city for $225,000. Auritela Santos claimed the department commissioner, who has since resigned, subjected her to sexual remarks ...

Sometimes, employers conducting harassment investigations find themselves in no-win situations, especially when there are conflicting claims and classic “he said, she said” scenarios. You risk a lawsuit if you fire the alleged harasser, most likely alleging some other illegal reason for your decision to terminate. The way to win these cases: Thoroughly document the investigation.

Two women who filed lawsuits alleging they were sexually harassed while working for former Ohio Attorney General Marc Dann have settled their legal claims. Current Attorney General Richard Cordray announced that the agency had settled the women’s claims for $247,000 each, including attorneys’ fees.

If you’re serious about wiping out sexual and other forms of harassment in your workplace, consider adopting a zero-tolerance policy for failing to report suspected or known harassment. By readily disciplining those who ignore that rule, you can create a new climate in which employees really believe you take harassment seriously.

Employers that ignore their employees’ sexual harassment pleas—beware. Not only may you be liable under Title VII, but you may be liable under state law, too. And that can mean huge damage awards far beyond federal caps.

Nothing—not even a sexual harassment suit or EEOC investigation—will consume as much of your time as a class-action overtime lawsuit. Your best bet: Thoroughly review your pay practices to make sure you aren’t making any wage-and-hour mistakes. Do that before the litigation hits.

Some employers assume that for a hostile environment claim to have merit, the victim must practically have a nervous breakdown. Not so. A strong-willed employee may be able to tolerate a barrage of abuse in good spirits, but may still have a hostile work environment claim.

Here’s how to end a co-worker sexual harassment case when your organization decides not to discharge the alleged harasser.

There’s no time like now to review your sexual harassment policies and processes. First, remember that sexual harassment by a supervisor is the most dangerous kind. But that’s not the case with most sexual harassment complaints, however—the ones that occur between co-workers.

Fred Meyer Stores in Portland, Ore., owned by Cincinnati-based Kroger Co., agreed to pay $485,000 to settle a sexual harassment lawsuit filed by three women who worked in a store in Oregon City.

Muskegon County faces a U.S. Department of Justice (DOJ) lawsuit claiming the county failed to respond to sexual harassment complaints dating back nine years. In 2000, Eva Amaya, a former computer analyst for the 60th District Court, complained about inappropriate touching by co-worker Eugene Beene ...

Deborah Smith, a former night manager of the SkyWater Restaurant at the Hilton Minneapolis, has filed a lawsuit alleging she was fired for walking in on an orgy involving upper managers in December 2007.

American workers can access the Internet, e-mail, instant messaging and other forms of electronic communications from anywhere at any time. While electronic communication helps people do their jobs, it also leaves a trail. A telephone conversation relies on the memory of two participants, but e-mail and IM discussions can be preserved for years to come. And, given the casual way so many people fire off e-mail these days, that can spell legal trouble for employers.

National Wholesale Liquidators will pay nine South Asian employees $255,000 for subjecting them to a hostile work environment based on their race, national origin and religion, as well as sexual harassment.

California’s Fair Employment and Housing Act protects employees from sexual harassment by co-workers. But what happens if management stops the harassment but the co-workers find other ways to make life miserable for their victims? It’s HR’s responsibility to make sure a victim of sexual harassment isn’t targeted for other mistreatment ...

The Pennsylvania Human Relations Commission has ordered Plum Entertainment, a New Hope theater production company, to pay $162,000 to Sharon Sheridan, a former personal assistant who claimed she was fired for complaining about sexual harassment.

A recent federal trial court decision has given new ammo to employees who want to sue their employers for sexual harassment—especially if the alleged harassment involves any kind of touching.

A woman who was fired for allegedly secretly recording a conversation she had with a supervisor about harassment can still sue for sexual harassment, a federal court has ruled. It did not matter that secretly recording conversations may be a crime in Pennsylvania.

Whether a work environment is actually sexually hostile depends on whether that’s how an average person would perceive it. A supersensitive person won’t get to sue for sexual harassment if an ordinary person would brush off the alleged harassment.

A Chicago dentist has agreed to pay $462,500 to settle a harassment and retaliation complaint filed by 18 employees. The complaint alleges employees were subjected to sexual harassment and required to join the Church of Scientology as a condition of employment.

Cupid's arrow eventually flies into every workplace. Risks: Office romances can be disruptive and, even worse, open the door to legal problems. Action: Balance your need to reduce legal risks with a realistic view of employees' lives. Stay away from trendy "love contracts."

As Valentine's Day draws near, it's time to take a loving look at that everlasting HR worry ... the office romance. Supervisor-subordinate relationships can spell real trouble, and it's no solace if—at least for a while—the subordinate welcomed the boss's advances. More cheerfully, there's good news about where our priorities are these days.

On Jan. 26, the U.S. Supreme Court unanimously ruled that Title VII protects from retaliation employees who cooperate with employers’ internal harassment investigations. Some attorneys worry the decision will open the litigation floodgates for employees who believe they have suffered retaliation.

Three former detectives for the Nassau County Police Department’s 8th Precinct in Levittown have won a $1 million verdict for sexual harassment and discrimination.

Employees and their lawyers are always trying to find new ways to expand the claims they can make against employers. They try novel approaches to try to sweeten the recovery pot, as the following case shows.

Not all flirting is sexual harassment, and occasional provocative talk doesn’t necessarily create a sexually hostile work environment. But watch out if things get so out of hand that a reasonable female employee would believe co-workers or supervisors see women as sex objects.

Does your handbook and employment policy specify that supervisors and subordinates shouldn’t develop personal, romantic or sexual relationships? If not, consider adding such a provision. It can go a long way to avoiding potential lawsuits when those relationships go bad.

Q. Several female employees have reported that a male supervisor with one of our clients sends them strange e-mails. They are vaguely sexual and implore our employees to quit and to join his employer. The women think the sender is weird and have told him to stop, but he continues to send them messages. Is this a problem for my business?

It’s bound to happen. An employee will complain about supposed sexual harassment and you will have to investigate. How you handle that investigation could make the difference between winning a retaliation lawsuit and losing it—big time. Here’s the best approach:

Q. We are investigating a sexual harassment complaint. One of the employees accused of wrongdoing refuses to be interviewed without his lawyer. I know the attorney has no right to be there, but what are my options?

The New Jersey Supreme Court has ruled for the first time on the proof employees must offer to make a religion-based hostile work environment claim stick. The case, Cutler v. Dorn, established that New Jersey courts must decide workplace religious discrimination claims using the same legal standards they use in racial and gender discrimination claims.

Employees who complain about sexual or other kinds of harassment shouldn’t be left to wonder whether their complaints are being investigated. Employers should apply sound investigation procedures and then follow up with the employee who came forward to let her know the result. That’s true even if the company isn’t going to take any action ...

Employees who complain about harassment or discrimination often mistakenly believe they are automatically protected from discipline. They’ve heard employers can’t “retaliate” against them for complaining. That’s true to a point. But that doesn't mean that those employees get automatic immunity from any pre-existing workplace performance or behavior problems ...

Employees don’t have to win their sexual harassment claims to prove retaliation. They merely have to show they were concerned that they might have experienced harassment ...

The EEOC has filed a lawsuit against a Sonic drive-in restaurant located in Kingwood, alleging that several female teen employees were subjected to sexual harassment.

Terri Vaughn, finance director for the Yeadon Borough Council, has filed a sexual harassment and retaliation complaint with the Pennsylvania Human Relations Commission and the EEOC, alleging that council member Terry McGirth kissed her inappropriately on numerous occasions ...

Recently, attorneys have been trying out a different tactic when employees have waited too long to file sexual harassment and other discrimination claims under either the federal Title VII or the Pennsylvania Human Rights Act.  They’ve tried suing the employer under the Pennsylvania Equal Rights Amendment. Now the Pennsylvania Superior Court has nixed that avenue ...

If you have employees or operations in New York City, your sexual harassment and discrimination policies must reflect the strict rules employers are required to follow under the New York City Human Rights Law. It all adds up to a challenging HR environment. Your best bet in New York City—adopt a zero-tolerance policy for any sort of sexual, racial or other harassment.

It takes more than a written policy to avoid liability for sexual harassment. But if you back up your policy with regular training and reminders and quickly fix any harassment problems that come to your attention, chances are you won’t be liable unless the harasser was a supervisor and the employee suffered an adverse employment action ...

Not every sexual harassment complaint is legitimate. A thorough investigation may wind up showing that one of the parties is lying. Can you fire the presumed liar if he or she brought the complaint in the first place? The answer is a qualified “yes” ...

During this term, the U.S. Supreme Court will consider employment cases concerning arbitration, pregnancy discrimination, protected activity and union fee use.

By exerting proper control over your holiday party this year, you can reduce everyone's worries concerning the annual fete. Most important, careful planning will help your company avoid lawsuits as you ring in the New Year.

At first glance, the federal ADEA appears rather straightforward: It protects people age 40 and older from employment discrimination based on their age. But the law can affect just about anything managers do, from asking questions in job interviews to assigning job duties ...

There’s no excuse for anyone to be confused about his or her exempt or nonexempt employment status. Make sure every position description clearly labels the job either salaried or hourly. Otherwise, employees will turn to the courts to figure out whether you owe them unpaid overtime or whether you have violated the FLSA ...

On Jan. 1, 2009, the newly enacted ADA Amendments Act of 2008 (ADAAA) will go into effect. The law clarifies the ADA definition of disability and overturns certain U.S. Supreme Court decisions and EEOC regulations that narrowly interpreted the ADA ...

Cyclone Drilling Company of Gillette has agreed to pay $45,000 to Mark Lujan for sexual harassment he said he endured while working at a drilling rig on the Western Slope. The EEOC filed the lawsuit, claiming Lujan’s supervisor, Jim Stout, subjected him to inappropriate sexual remarks ...

It takes more than having a written policy to avoid liability for sexual harassment. If you back up your policy with regular training and quickly fix any harassment problems that come to your attention, chances are you won’t be liable unless the harasser was a supervisor and the employee suffered an adverse employment action ...

Are you downsizing your holiday party this year? A Watson Wyatt survey says 37% of firms are scaling back end-of-year festivities—or canceling them altogether! Here’s how some businesses are coping, according to our sister e-newsletter The Admin Pro Forum. PLUS! News about a holiday party legal problem you might never suspect.

Five women are suing Dr. Vincent Pacienza, claiming the Long Island cardiologist used a camera hidden inside an air freshener to spy on them when they used the office bathroom ...

Two former employees of the Hempstead Sanitation Department have filed a sexual harassment and race discrimination lawsuit claiming their supervisor, Frank Pepe, offered perks and gifts in exchange for sexual favors ...

Q. Our employees have proposed that the company sponsor a holiday party at a local restaurant. Although we want our employees to have a good time, aren’t we exposing ourselves to potential liability?

When one of your employees confides in her manager that she’s being harassed by a co-worker, what will that manager say? Hopefully, it’ll be something more constructive than “Go along with it."

No matter how careful employers are, they still can be sued. Recognizing the risk, more employers are choosing to protect themselves with employment practices liability insurance (EPLI), which covers your organization if it’s hit with an employment lawsuit. But it’s important to know which coverage is right for you ...

Title VII prohibits employers from discriminating against employees and applicants based on their religion. The EEOC recently published guidance to help employers deal with employees’ religion-based questions regarding time off, free speech, religious clothing and more ...

Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz ...

Employment terminations fall into several categories. Whether the situation involves new hires who didn’t work out, firings for cause or performance issues, or voluntary resignations, terminations often lead to litigation. For each type of termination, there are some common ways employers can make sure they can defend themselves if challenged ...

Sometimes, an HR internal investigation reveals that, although harassment occurred, it didn’t rise to the level of illegal harassment. Don’t let that finding lull you into ignoring the complaint—and certainly don’t allow anyone to punish the person who complained ...

Question:  “Our new department head makes many inappropriate comments. For example, he told a co-worker that because I’m really old, he doesn’t know how I will fit into his future plans. Later, he directly asked me if I was thinking of retiring. I’m 53 and have worked here for 21 years. The thought of retirement has never crossed my mind. Another incident occurred when a young co-worker and I were laughing about something. The boss said that we got along very well considering our age difference. He also makes comments to women about their anatomy or weight. Everyone finds his remarks offensive. He’s our top manager, so what can we do?” — Insulted

Q. Some of our employees are teenagers who work part time while they go to school. Often, this is their first job. Some of them don’t seem to understand proper behavior in the work environment. They usually are OK with customers, but when they are interacting with each other, they give each other a hard time. Verbal put-downs and even physical acts are common. Does this create any potential problems? ...

You may remember a case that garnered lots of publicity a few years ago. A saleswoman claimed that her employer’s team-building activities were really a form of sexual harassment. A jury agreed, giving her $1.4 million in damages for having to endure public spanking and other indignities. Now the employer will get another shot at the case in front of a new jury ...

 The male Internet manager at Belle Glade Chevrolet-Cadillac-Buick-Pontiac-Oldsmobile Inc. and Plattner Auto Group is suing the company over sexual harassment by a male co-worker who eventually became his supervisor ...

Even with the best sexual harassment training, it’s hard for some employees to grasp exactly what constitutes sexual harassment and what’s merely horseplay or roughhousing—especially when the behavior is directed at the same sex. But that doesn’t mean that an employee who comes forward with that sort of complaint isn’t engaged in protected activity ...

Still reeling from a protracted, embarrassing trial and punishing verdict in Anucha Browne Sanders’ sexual harassment suit against New York Knicks coach Isiah Thomas, Madison Square Garden (MSG) has quietly settled a sexual harassment lawsuit with former New York Rangers cheerleader Courtney Prince for an undisclosed amount ...

Your organization probably has a sexual harassment policy and provides training on how it works. But does your policy give employees more than one way to lodge a complaint? It should. Here’s why ...

How do you handle internal discrimination complaints? If you use an ad hoc process, sometimes taking notes or preparing a report, you may be missing out on an important litigation advantage later. Develop a routine investigation process ...

When office romances sour, scorned lovers often use Title VII to allege that their former lover was a sexual harasser. And even if the lovers are happy, workplace romances can cause problems in the office or on the shop floor. If co-workers feel a love affair results in favoritism, the relationship may lead to charges of conflict of interest, harassment, retaliation or discrimination ...

As if you didn’t have enough to worry about when it comes to sexual harassment in the workplace. Now a federal court has ruled that Pennsylvania law allows harassed employees to sue their employers for intentional infliction of emotional distress, too ...

Sexual harassment cases continue to plague employers. Whether the harassment allegations involve a co-worker or a supervisor, the bottom line is simple: You need a two-part defense ...

Some managers, especially those with extensive military training, may rely on techniques straight out of boot camp. Under the right circumstances, they can be very effective trainers, who get results and create an effective team. But loud, intimidating and in-your-face behavior comes with a huge risk ...

Over the course of a 16-year career, Ronnie McNorton found himself on the receiving end of many disciplinary actions by his employer, the Georgia Department of Transportation. But McNorton hung on and won several promotions. In 2002, that advancement stalled, ironically because McNorton helped another state employee get her career off the ground. If only he could have kept his stories straight ...

You can’t legislate good taste. But that shouldn’t stop you from having and enforcing dress and grooming rules. How you enforce those rules, however, can make the difference between needless litigation and a productive workplace. Don’t joke around about an employee’s dress or style. Instead, call the person into a meeting and discuss the problem in private ...

Although Florida’s state whistle-blower law applies only to state government and state contractors, don’t believe you are above the law just because you are a private employer. Rather than ignore a complaint—and risk expensive litigation—you need to establish policies to investigate whistle-blower complaints ...

Since 1979, Donna Smith had worked as a shipping and receiving clerk for Caro Carbide Corp., a carbide machine shop in Troy. From 1988 forward, Smith claims co-worker Timothy Sylver displayed pornographic photos and made lewd gestures and comments toward her at work ...

When a group of women all experience the same sort of harassment, it takes just one to find an attorney. She will then try to persuade the others to join in, making for a much more compelling story in court. The best approach is to take every complaint seriously ...

Q. We don’t have a hotline for employees to call to complain about harassment, discrimination or retaliation. We have been considering one, but we are concerned about anonymous complaints. Should we set up one anyway? ...

The Texas Supreme Court has weighed in for the first time on an important interpretation of the Texas Whistleblower Act. Until now, a key term in the act was largely undefined: Exactly what is an “adverse employment action"? ...

In an interesting Supreme Court of Ohio case, the high court has ruled that a lawsuit by an employer against an employee who filed an employment discrimination lawsuit against it is not automatically retaliation. The court’s decision overturned a long-held view of the Ohio Civil Rights Commission ...

Open a New York newspaper and chances are you’ll see a headline featuring an employer in deep trouble for allegedly allowing an atmosphere of sexual or racial harassment to flourish. When you receive such a complaint, act immediately. Don’t wait. Often, that’s exactly what the employee’s attorney is hoping. Instead, investigate and reach a conclusion ...

You would think it’s common sense, but apparently it’s not. While viewing pornography may be perfectly legal in one’s home (with some exceptions, such as that containing images of children), such viewing has absolutely no place at work. The 2nd Circuit Court of Appeals consistently has ruled “the mere presence of pornography in a workplace can alter the ‘status’ of women” and may be objective proof of a hostile environment ...

A former recruiter for K-Sea Transportation of Staten Island is suing the company for $16 million, claiming it failed to address her sexual harassment complaints ...

Q. If a victim of sexual harassment wants the matter dropped, do we still have to conduct an investigation? ...

Q. If we start an investigation about sexual harassment, is there anything we need to worry about while conducting the investigation? ...

When was the last time you read your company’s harassment reporting procedures? Could all employees in your organization understand how—and with whom—to file a complaint? It’s important to ask these questions in the wake of a new court ruling that should give you incentive to cut the legalese and confusion out of your reporting procedures ...

It takes just one low-level manager or frontline supervisor to create havoc in the workplace. These people set the tone of workplace communications, and if that tone has sexual content, others are likely to follow the lead. That’s one good reason to make sure you do more than lecture on sexual harassment. Instead—especially if branch offices are located away from headquarters—HR should make spot visits to see whether anything is amiss ...

In the age of e-mail, instant messaging and other written but ephemeral forms of communication, it’s easy to be caught off guard when an employee claims sexual harassment via the company computers. If an employee says she’s received hundreds of sexually explicit e-mails from co-workers or others associated with the company, could you prove her wrong? ...

Q. I have received a complaint from one of my employees alleging sexual harassment by a supervisor in my HR department. I want to bring in an independent investigator, but I’m concerned I’ll have to notify the subject of the investigation. I’ve heard that the Fair Credit Reporting Act (FCRA) requires me to notify employees before investigating these types of complaints through a third party. Obviously, this would make things uncomfortable for the employee who filed the complaint. Does the FCRA’s notice requirement apply to a sexual harassment investigation? ...

When it comes to filing a sexual harassment claim under California’s Fair Employment and Housing Act, employees have just one year from the date of the alleged sexual harassment to file a complaint. Missing that deadline bars the employee from suing. But sexual harassment rarely occurs in a vacuum, and there’s rarely just one incident ...

A workplace affair can wreak havoc if the couple breaks up—especially if one is a supervisor. There may be a sexual harassment claim lurking in the affair. But that’s not the only problem. Sometimes an office affair can create an uncomfortable situation for other employees ...

When you catch an employee red-handed breaking a rule and you have solid evidence on your side, it seems like a no-brainer to fire him. But when you do, keep this in mind: If you lose an incriminating tape, e-mail or handwritten note, expect to lose the case ...

It may seem obvious, but it bears repeating: Tell supervisors and managers to avoid discussing religion if at all possible. And never, ever use blunt terms to make an employee choose between her religion and her job. Instead, focus any discussion of religious accommodations on the company’s legitimate needs ...

Nothing will fuel a lawsuit more than management’s poor behavior. While discharging an employee for any reason is stressful for everyone involved, there is a right and a wrong way to do it. The wrong way is to get emotional, to shout and unceremoniously throw the employee off the premises ...

The best—quite possibly the only—protection employers have against losing a sexual harassment lawsuit is an effective sexual harassment policy. But a policy isn’t worth the paper it’s written on if employees don’t know about it or find it hard to use ...

You’ll never be able to completely eliminate romantic involvement between co-workers, but you can and should take steps to ensure peaceful coexistence in the workplace once a relationship ends. Just make sure you enforce the rules evenhandedly against both males and females ...

Sometimes employees who know they are in trouble at work will try to set up lawsuits. That way, they reason, if they get fired, they can sue for “retaliation.” It’s up to HR to ferret out such sneaky tricks and prevent those lawsuits. The best way is to make absolutely sure that you can justify any eventual discipline ...

Although there is no blanket rule against transferring someone who has been involved in a romantic relationship with a co-worker, make sure the transfer benefits the transferred party and can’t be viewed as punishment. Otherwise, the transferred employee may claim retaliation ...

A woman who worked in DaimlerChrysler’s Toledo machining plant lost her sexual harassment case against the company partly because of a sound employment agreement—and partly because the company responded appropriately to her complaint ...

If a victim of alleged sexual harassment waits months—or even a year or more—before complaining, you may wonder how serious her claim is. Don’t let your doubts affect how you handle the case. In fact, the best way to protect your organization is to act quickly on all harassment complaints, no matter how improbable, minor or tardy they may seem ...

If there’s one situation in which the HR function really earns its keep, it’s when an employer faces the prospect of having to discharge an employee. Sometimes—if a subordinate has a legitimate complaint against the supervisor, for example—the supervisor harbors illegal retaliatory motives. That’s when it’s best to have an independent decision-maker involved ...

If you thought only employees could put you on legal notice that harassment is occurring in your workplace, maybe it’s time you looked up … into the sky. A new court ruling says that “helicopter parents”—super-involved moms and dads who hover over their kids’ lives—can officially flip your notice switch, requiring you to take prompt effective action to stop the harassing conduct. If not, you’ll see them both in court ...

Employees whose jobs involve telling their employers that they may be violating laws aren’t necessarily protected from retaliation under North Carolina law or under the federal Title VII—if the reporting concerns areas covered by the Civil Rights Act or the Fair Labor Standards Act ...

Despite passage of a federal bill that would make discrimination on the basis of sexual orientation illegal nationwide, don’t expect it to become the law of the land any time soon. That doesn't mean you're off the hook for anti-gay discrimination: It's against the law in many jurisdictions. Prevent discrimination against gays—and protect yourself from liability—with a strong anti-discrimination policy.

Just about every harassment allegation deserves some sort of investigation. After all, that’s the only way to tell what is really happening down in the trenches. But that doesn’t mean each and every accusation should result in discipline or some other tangible action ...

When it comes to winning lawsuits, it’s a cutthroat world out there. Attorneys representing employees may stoop to low tactics, such as secretly recording every conversation they have with witnesses. What’s worse, it’s not against the Georgia state bar ethics rules to make secret recordings. But lying about it is. That’s why you should instruct anyone who will be speaking with an employee’s attorney to ask point blank whether the conversation is being recorded ...

“Do that one more time and you’re through!” Have supervisors in your organization (or even you) uttered this phrase before? A new court ruling shows that if your firing threats are simply empty promises, be prepared to pay up in court ... even if you responded promptly and lawfully to the initial complaint.

Does your organization have a rule against removing company documents from the workplace? If not, consider adding one. Documents should remain on the premises, and allowing them to “walk” can spell big trouble. For example, employees may be tempted to remove and copy documents they think will aid a later lawsuit against the company ...

Here’s a bit of good news for employers facing an EEOC sexual harassment investigation: A federal court has concluded that, in a pattern-and-practice lawsuit, the EEOC still must show that each and every woman it claims was subjected to a hostile work environment actually experienced the harassment ...

Here’s a risk you may not have considered: Ignoring a sexual harassment complaint may prompt the alleged victim to get help from outside law enforcement agencies. React inappropriately and you’re likely to have a retaliation suit on your hands ...

Three former employees of St. Petersburg-based Raymond James Financial are suing the company, claiming they were paid less, passed over for promotions and denied training and perks because they are women. The lawsuit, which follows an EEOC complaint, also includes claims of sexual harassment and race and age discrimination ...

United HealthCare of Florida has settled for $1.8 million in a same-sex harassment and retaliation lawsuit involving a former regional vice president. A male senior account executive in the company’s Sunrise office claimed he was subjected to verbal sexual harassment by a male vice president ...

Many companies have horribly confusing organizational charts—or no org charts at all. A new court ruling issues a stern warning to employers: If you want to avoid harassment liability, you’d better get your straight-edged ruler out and connect employees to their supervisors by name.

Timing is everything, especially when it comes to retaliation. That’s why it’s crucial for supervisors and managers to understand: Once an employee has filed a complaint, don’t suddenly start enforcing rules you let slide before. If you do, the likely result will be a retaliation lawsuit ...

Here’s another reason to tell managers and supervisors that any and all sexual harassment must stop: Even if it has been years since an egregious act of sexual harassment, recent subtler incidents can revive the claim. That’s why it is important to stop harassment in its tracks—and then monitor the situation. You can do that by checking back with the accuser on a regular basis ...

The 5th Circuit Court of Appeals, which has jurisdiction over Texas employers, has refused to say that Title VII prohibits the use of polygraph examinations in harassment investigations. Now juries get to decide whether forcing an employee to undergo a polygraph exam is retaliation for filing a complaint ...

Whether an employer is liable for workplace harassment under Title VII of the Civil Rights Act or state law oftentimes turns on the status of the harasser. If the employee’s supervisor is the harasser, liability for adverse action harassment is automatic. If, however, the harasser is a fellow employee or a supervisor other than the employee’s, the employee must show that the employer knew or should have known about the harassing behavior ...

 Two male employees at a Circuit City store in Delaware County have filed a suit alleging their male manager engaged in a campaign of sexual harassment. It started with the manager tickling their palms with his middle finger, then escalated to unwanted shoulder massages, comments about oral sex and groping ...

Q. Under the Fair Labor Standards Act, may I dock an employee’s pay as a disciplinary penalty? ...

We’ve all dealt with employees who constantly make petty complaints about others. We’d rather just ignore the litany, but that’s probably not the best course of action. Buried beneath the nonsensical complaints may be a genuine one—one that requires prompt action. As the following case shows, acting right away when a legitimate gripe surfaces can mean the difference between a lawsuit and the same case being dismissed before it ever gets to trial ...

The sexual harassment lawsuit against Anson Dorrance, women’s soccer coach for the University of North Carolina at Chapel Hill, is headed to trial after the U.S. Supreme Court refused to hear the case ...

Although employers can’t guarantee a stress-free work environment, it makes sense to eliminate as much unpleasantness as possible. That means establishing and enforcing “no hazing” and “no public argument” rules. Urge supervisors and co-workers who act like bullies to clean up their acts ...

You probably heard about last month’s big $11.6 million sexual harassment verdict against former basketball star and New York Knicks coach Isiah Thomas. The bad news: Your employees heard about it, too … and it planted a seed in their minds. Will they see your organization’s pockets as the path to a similar windfall? ...

Sometimes employees who are in trouble for poor performance try to protect themselves by reporting incidents that don’t come close to being sexual harassment. They figure that their employer won’t fire or otherwise punish them for fear of a retaliation lawsuit. But you can take heart: It’s not protected activity just because someone reports an incident. If—when viewed objectively—the conduct being reported seems far from harassment, reporting it isn’t protected, and the employee can’t charge retaliation ...

When a supervisor enters into a sexual relationship with a subordinate, chances are things won’t go well for the company. That’s one reason you should put in place strict limits on dating for supervisors and subordinates. You can prohibit such relationships altogether, or insist that anyone contemplating dating a subordinate must notify HR first so he or she can be removed from the supervisory role before the relationship starts. Otherwise, you risk a sexual-harassment lawsuit, especially if the supervisor later punishes the subordinate ...

Developing, implementing and enforcing a comprehensive anti-harassment policy is vital to create a safe and comfortable work environment and minimize the potential damage from harassment lawsuits. But having an anti-harassment policy is not enough; the policy must be implemented, promulgated and consistently enforced. Training employees and managers on harassment law and the employer’s harassment policy is an important part of an employer’s defense against a harassment claim—whether the alleged harassment was by a supervisor or a co-worker ...

Pennsylvania employers beware: The Pennsylvania Human Relations Act (PHRA) and Title VII require immediate action as soon as you learn about possible sexual harassment by a supervisor. That’s true even if the victim doesn’t come forward. If you wait until she complains, it may be too late ...

Mishandled confidential information can lead to lawsuits, hurt the morale of employees, damage their reputations in the workplace and threaten their jobs. That's why you need a clear policy for handling off-the-record conversations ...

New Jersey law provides more time than federal law for employees to sue their employers for discrimination. The New Jersey Law Against Discrimination (NJLAD) allows employees to make discrimination claims up to two years following termination, longer than under the federal Title VII of the Civil Rights Act. That means employees who miss their EEOC filing deadline for federal claims still can sue under state law ...

Sanofi-aventis U.S., the American branch of a French pharmaceutical group, has been hit with a class-action sexual discrimination and harassment lawsuit. The four plaintiffs claim they were paid less and not promoted because of their gender. The women also say their bosses made unwelcome sexual comments and gestures, and management did not respond when they complained ...

Under Title VII’s sexual harassment provisions, employers have few defenses if supervisors harass subordinates to the point that there’s a hostile work environment. But if the employer has an effective and well-designed complaint process that promises relief, it can reduce its liability—usually even if the harassed employee doesn’t take advantage of that process ...

California employees have a right to a work environment free of sexual harassment, and employers are obligated to prevent harassment. But that doesn’t mean that every comment, gesture or look that may be perceived as sexual can be considered harassment ...

If you’ve been looking for definitive guidance on California’s Sexual Harassment Training Law (AB 1825), it’s finally here. The Fair Employment and Housing Commission issued final regulations implementing this first-in-the-nation law on April 23, and the Office of Administrative Law approved the regulations on July 18. The regulations include specific direction on the type, length and frequency of harassment training that California employers must provide to their employees ...

While you can encourage employees to follow certain Judeo-Christian values at work, such as cooperation, honesty and kindness, it’s never appropriate to require adherence to a particular religion or religious practices. Even if your organization’s leaders have strong religious beliefs, it must accommodate workers who don’t agree with that stance. That may mean excusing workers from retreats, prayer groups or other religious-based activities ...

Q. We are a relatively small company, and it has come to our attention that two of our single employees have become romantically involved. One of the employees is in management. We have no policy addressing employee fraternization (if that is the correct term), and we wonder whether we can, or should, do something about it. Ideas? ...

When it comes to sexual harassment under Ohio’s sex discrimination laws, a few days is all it takes to create a hostile work environment. Even if the harasser stops—instead turning critical and cold—the harassed employee may quit shortly after. Courts then will view the resignation as the effective equivalent of being fired in retaliation ...

Speedway SuperAmerica, the Enon-based convenience store chain, won a recent sexual harassment and retaliation lawsuit by a former cashier in a West Virginia store. The cashier alleged that she endured repeated sexual harassment by a co-worker. Shortly after complaining, she came up $200 short on her cash register. The company did not accuse her of stealing, but fired her ...

There’s a new concern for managers and supervisors in New York state. Those who give out bad references or otherwise bad-mouth a former employee who claimed discrimination can be held personally liable for a conspiracy to retaliate ...

A federal jury has awarded $100,000 for pain and suffering to a former director of special education for the Malverne School District, who claimed she was fired for reporting sexual harassment. The director lost her underlying sexual harassment suit, but prevailed on the wrongful-firing claim ...

A Lucent Technologies employee sought reasonable accommodation under New Jersey’s Law Against Discrimination after claiming a female employee sexually harassed him and retaliated against him for reporting her behavior. Among other things, the man alleges the co-worker touched his head with her breasts on one occasion, made five sexually suggestive comments over a period of several months, and wore tight-fitting, sexually provocative clothing ...

Local governments in Indiana sometimes legislate their own rules for employers within their jurisdictions. For example, some municipalities have living-wage laws stipulating higher pay than the state minimum wage ($5.85 per hour), while others ban discrimination based on sexual orientation and gender identity ...

Lincoln, NE-based Woodmen of the World Life Insurance Society will pay $285,000 plus a $50,000 annuity to Louella Rollins, a Pittsburgh-area woman who served as state manager for Woodmen in Pennsylvania. Rollins claimed that a man she supervised complained openly about having to work for a woman. She said the employee also grabbed and touched her ...

Suppose your organization decides to alter its retirement plan. You shoot out an e-mail about the change, but fail to secure written proof that employees have read and understand the modifications. Three months later, an employee retires based on promises made in the old retirement plan, resulting in lost pension dollars. He sues, saying he never got wind of the retirement-plan change. This true story occurs surprisingly often in U.S. workplaces ...

Remind supervisors, managers and HR staff: Don’t brush off or make light of sexual harassment complaints. Doing so can just add more fuel to the fire. When employees are ignored, they may begin to see every slight that comes their way—getting the cold shoulder at meetings or missing out on promotions—as retaliation for voicing their concerns about sexually hostile behavior. And that can make them much more likely to file lawsuits against your company ...

You have a robust sexual harassment  policy, and everyone from the lowest level employee to the company president knows how it works. But what happens if an employee tells a supervisor about possible harassment and then asks him or her not to take it up with HR? ...

When it comes to sexual harassment, employers need a clear policy and a process that allows employees to come forward with claims. That's really the only way an organization can protect itself. But what if an employee who thinks he’s being harassed ignores your policy and acts alone to contact the alleged harasser anonymously? If this “self-help” seems to threaten the alleged harasser, you can punish the employee without worrying about liability ...

Employers can fairly easily limit their liability in sexual harassment cases. Rigorously enforcing a solid harassment policy does the trick. But supervisor harassment is another matter. When a supervisor allegedly harasses a subordinate, the employer is liable unless it can show that some “tangible employment action” by the supervisor didn’t adversely affect
the victim ...

Jewel Food Stores settled a sexual harassment lawsuit with four female employees for $200,000, but the meat department manager who spawned the suit has had a surprising shelf life ...

In North Carolina, it's not just sexual harassment lawsuits brought under federal law that you have to worry about. Your organization could face state tort law claims, such as “intentional infliction of emotional distress” or “negligent supervision” if an employee’s behavior is extreme enough and management doesn’t take steps to stop it ...

Lucas County Democratic Party Chairman John Irish is in hot water after holding a golf fundraiser that featured female strippers. Employees of Scarlett’s Cabaret in Toledo and Club Diamonds in Oregon staffed the drink carts, and at least one woman raised her top and dropped her shorts for a group of golfers ...

Not every allegation of sexual harassment is well-founded, and some employees may be overly sensitive. That’s why your investigation should consider all sides, including the alleged victim’s reaction and treatment of the alleged harasser. As the following case shows, a thorough investigation may reveal that the problem is with the alleged victim’s perception and his or her response to the alleged harassment ...

New Jersey’s Division on Civil Rights has filed suit against City Coffee, a café in downtown Camden, following numerous complaints of sexual harassment. Six former employees claim that café owner Ronald Ford Jr. repeatedly touched them and asked them to have sex with him. The women alleged that Ford carefully conducted all his inappropriate acts out of view of surveillance cameras in the small café ...

Responding to a harassment complaint is a lot like running a sprint race—even if you start well and do everything right, one trip near the finish will wipe you out. For HR, the most common problem comes when it handles an initial harassment complaint or lawsuit just fine, but then some genius in the office decides to “get back” at the complainer in some way. Doing things 99% right just isn’t enough to stay out of court...

If your organization is like most, you probably have a few company social events like a summer picnic and a holiday party ...

In a startling court order, a judge has required a company to tell its customers about a sexual-harassment verdict that cost it more than $2.3 million ...

Train supervisors to be on the lookout for all forms of sexual harassment, not just blatant abuse ...

A teenage girl who worked in a Coral Springs McDonald’s is suing the franchise holder after her store manager, Hector Figueroa, carried on a sexual relationship with her for nearly a year ...

A Long Island woman has filed suit against Banc of America Securities, alleging the company “left her to hang out to dry and get punished by her co-workers” after she made a sexual-harassment complaint ...

Most organizations realize they have to take reasonable steps to stamp out sexual harassment. Their efforts have probably done a lot to wipe out the most blatant examples,  but what about more subtle harassment? ...

Can you fire someone for speaking to the press? According to one court’s reasoning, it’s possible ...

According to the U.S. District Court, Eastern District, Wayne State University appropriately handled sexual harassment complaints by an assistant director in the university’s Center for Chicano-Boricua Studies ...

One of the most important factors in promotion discrimination cases is also one of the easiest to control. The courts may not care that your decisions on whom to promote were perfectly rational; they want proof that you used the same factors for each candidate, flawed or not ...

Good news for government employers: Employees who sue for discrimination under both the federal Title VII of the Civil Rights Act and the Florida Civil Rights Act don’t get to collect double damages ...

A St. Petersburg forklift operator has filed suit against Kane’s Furniture, claiming he was fired for complaining about sexual harassment by a male supervisor ...

If you don’t have a sexual harassment policy (or if no one pays attention to the one you have), watch out! You’ll have to pay compensatory damages if an employee can prove he or she was sexually harassed—and you also could pay punitive damages ...

Q.  An employee recently complained that she had received pornographic e-mail messages and links to X-rated web sites from some of her co-workers. I want to review these messages — and other messages these guys have sent — to figure out exactly how large a problem I’m facing. Can I do this?

Nothing disrupts a workplace like unbridled rumors, especially when it's about a sexual harassment complaint. Such chatter can make it hard to carry out a fair and impartial investigation. For that reason, you can—and should—be proactive about curbing idle speculation while your organization investigates ...

Firing an employee is a painful process. But delivering the news needn’t turn into a marathon discussion or airing of every management beef about the employee ...

The EEOC last month filed a lawsuit against the owner of the Crazy Horse Steak House & Saloon in New Oxford for sexually harassing female employees ...

Q. Our new plant manager wants me to revise our sexual harassment policy to require that complaints be in writing. He says this will formalize the procedure and help ensure that only valid complaints are filed. I don’t think this is a good idea. Is it?

When it comes to co-worker sexual harassment, it’s not enough to “fix” the problem by transferring the harasser. If you don’t also investigate the underlying complaint, expect a lawsuit when the harasser strikes again ...

Have a no-dating policy at your workplace? If the answer is “no,” it may be time to consider one. While some office romances may seem innocent enough, trouble can follow an ugly breakup between co-workers. That’s why it pays to have clear rules in place ...

Too many companies’ sexual harassment policies are ancient history—drafted almost a decade ago after the U.S. Supreme Court laid down strict liability rules for how employers must protect employees from sexual harassment. But a dusty binder on a shelf won’t do anything to protect your company ...

Many employees today are sensitive about their ethnic backgrounds, but may hesitate to report teasing or name-calling for fear of being seen as troublemakers. That means a lawsuit could be brewing ...

Bay County Property Appraiser Rick Barnett resigned after settling sexual harassment complaints with two female employees ...

Calling a female employee “honey” might not constitute sexual harassment, according to a recent federal ruling on a sexual-harassment case, but retaliating when someone complains about it will win you a ticket to court anyway ...

When a company faces sexual harassment or other discrimination complaints, the investigation has to start as soon as possible. Sometimes that means suspending participants while you sort things out. A prompt conclusion to a thorough investigation is the key to avoiding retaliation charges when you tell everyone to take a “time out” ...

Sooner or later, you’ll be deep in a sexual harassment investigation. When you are, make sure you look at everyone’s words and actions, not just the alleged harasser’s. It’s especially important to get a complete picture if you sense that the employee who came forward with the complaint was actively participating in what she’s now alleging was sexual harassment ...

Do you have to tell your customers if you’re slapped with a sexual harassment verdict? You soon might have to. In a startling new court ruling, a judge in Illinois required a company to distribute a notice to its customers informing them of the $1 million sexual harassment verdict levied against it ...

Sometimes, the best way to end a discrimination claim is to settle the case before it goes to court. But if you do settle, make sure you don’t create a bigger problem down the line. That can happen if the employee applies later for an open position and is rejected ...

Don’t wait for employees to use the magic words—“sexual harassment”—to begin investigating a complaint. It’s up to you and your management team to decipher an employee’s protests to determine if they could fall into that legally dangerous harassment-complaint zone ...

Organizations are entitled to their employee’s loyalty, but that doesn’t mean employees have to remain silent about alleged discrimination. Although it may seem disloyal, approaching a customer about a workplace problem may be a protected activity under some circumstances ...

While it’s never a good idea for someone with supervisory authority to engage in a sexual relationship with a subordinate, such an affair doesn’t always trigger employer liability ...

Can a supervisor be sued personally for alleged acts of discrimination in Michigan? Based on a January decision by the Michigan Court of Appeals, the answer is yes ...

f you think sexual harassment involves only those headline-grabbing actions like groping behind closed doors or demands for sex, you're wrong. The law also says that if your organization tolerates employees who single out co-workers of one gender for abusive (nonsexual) treatment, you could be liable for a sexual harassment lawsuit based on a hostile environment ...

Many HR professionals (and most supervisors) aren't prepared when called to serve as witnesses. One simple mistake can hurt your organization's chances and damage your professional image. Use the following eight tips to create practice sessions for yourself and other employees who serve as witnesses ...

By having a tough anti-discrimination policy and a clear complaint procedure, you establish what lawyers call an "affirmative defense," meaning you have a weapon to defend yourself in court. But you must put forth those affirmative defenses very early in a lawsuit ...

Title VII of the federal Civil Rights Act prohibits employment discrimination based on a person's sex. When office romances sour, scorned lovers often use this law to allege that their former lover was a sexual harasser ...

Are your anti-harassment efforts legally bulletproof, or are they full of holes? Probably somewhere in between, if you're like most employers. Here are six holes that need patching in many employers' training and investigation practices ...

Q. We have an employee who has filed several sexual harassment complaints. But when we investigate, they turn out to be false. Can we do something about her? —J.P., Oklahoma

Don't assume that you can handle sexual harassment issues after they arrive on your desk as a complaint. The trend these days seems to be "quit and sue," rather than giving employers a chance to fix the problem. And, in many cases, employees are finding success in such tactics ...

Question: I report directly to the director and I also supervise the receptionist/secretary in our agency. The problem is dealing with the assistant director (AD), who is a bully. I have tried to let the bullying slide, but the receptionist/secretary has submitted a complaint to me on how uncomfortable it makes her feel when the AD screams at me.

If an employee claims she was sexually harassed but the evidence shows that she gave as good as she got, you have a good defense in hand. As a new ruling shows, employees' sexual statements can be used against them when they sue for sexual harassment ...

When a sexual harassment accusation arises, employers often move into crisis mode. But don't try to push the problem off your plate by quickly jettisoning the employee via a kangaroo court ...

It's summertime, and corporate thoughts turn to company picnics and outdoor morale-boosting efforts. One word of caution: If your team-building exercises go beyond three-legged sack races and into the realm of reality TV, you could be headed for a lawsuit ...

When faced with a multipage employment contract, some job candidates and employees may be tempted to skip a careful reading before they sign on the dotted line. But state courts won't excuse employees who claim that they didn't understand the employment terms because they never read them ...

When the U.S. Supreme Court began its new term, one of its first moves was to reject a case that could have created new responsibilities for employers in investigating sexual harassment ...

Just because employees are young doesn't mean they don't know their rights to a harassment-free workplace. The media firestorm involving Rep. Mark Foley's improper e-mails to teen pages in Congress raised awareness among workers, parents and employers about harassment of teen workers ...

The best harassment policy in the world isn't worth the paper it's written on if employees don't take it seriously. To show your policy has teeth, you have to let it bite ...

If your organization is a religious institution, you may not have adopted anti-discrimination policies or practices because you think you can rely on the “ministerial exception.” But, as a new case shows, that may not always be the case ...

Employers should never look the other way if they know about a supervisor’s harassing behavior. Investigate every complaint and promptly discipline harassers ...

A former professor recently filed a federal discrimination lawsuit against Georgia College & State University, claiming he was denied tenure because of his age, gender and disability ...

Say you’re part of an overworked two- or three-person HR department that struggles to keep up with basic administrative duties. Advances in HR self-service technology and the need to cut costs are pushing some organizations to transfer basic HR duties to their management team ...

Florida’s Whistleblower Act protects employees only if they notify their employers of alleged wrongdoing before reporting it to authorities. That way, employers have a chance to correct the problem first ...

If your business operates in far-flung parts of the country, make sure everyone’s on the same page in following your anti-discrimination policies ...

In a deposition recently released to the public, Savannah Chief of Police Michael Berkow admitted having an affair with a subordinate during his tenure as Deputy Chief of the Los Angeles Police Department (LAPD) ...

One of the world’s largest funeral home companies faces a class-action lawsuit by up to 6,000 current and former employees for failure to pay back wages and overtime of between $40 and $70 million ...

While it’s vital to react promptly when employees formally file sexual harassment complaints, what do you do if they approach you informally and don’t want to make a formal complaint? ...

Even if you think an employee’s complaint about alleged harassment doesn’t have legal merit, it makes sense to take steps to stop the offending behavior anyway. Otherwise, if the employee perceives that co-workers are targeting him for more harassment, he can quit and sue ...

York County’s zero tolerance sexual harassment policy didn’t add up to much for a former supervisor at the York County Youth Development Center, who has filed a federal sexual harassment lawsuit against her boss ...

If you don’t have an action plan in place for responding to sexual harassment complaints, develop one now. Don’t wait until the phone rings or an e-mail arrives detailing sexual wrongdoing. By then, it may be too late ...

Conventional wisdom holds that if you have fewer than 15 employees, workers can’t sue you for sexual harassment in Georgia. Well, conventional wisdom is wrong ...

Here’s a classic study of HR run amok: A bitter feud at the Brooksville Police Department has prompted the city manager to resign and led to the suspension of the police chief, a lieutenant and the HR director ...

When it rains, it pours. Recently, 11 Los Angeles police officers filed discrimination and harassment suits against Savannah Police Chief Michael Berkow ...

Just when you thought you knew every reason to keep your workplace harassment-free, here’s yet another one: workers’ compensation ...

When employees lose their jobs because of alleged discrimination, the Pennsylvania Human Relations Commission (PHRC) can award them lost wages based on the difference between their past earnings and what they currently make as self-employed individuals, ...

A sexual harassment policy is worthless unless it clues in those who really need to know what’s going on at the shop level. Don’t think you’re in the clear just because you have a policy and tell supervisors to stamp out harassment ...

Ex-Rangers City skater Courtney Prince has produced a paper trail to support her sexual harassment suit against Madison Square Garden. She introduced memos showing the Garden staff was digging up dirt on her before she filed suit ...

A New Jersey appellate court recently granted a new trial to a former Paine Webber employee who claimed the company fired her for filing a sexual harassment complaint. During trial, the employee claimed Paine Webber withheld or destroyed critical documents ...

New Jersey attorneys may be feeling their clients’ pain on a whole new level.  A recent district court ruling allowed an employee to sue the attorney who investigated her sexual harassment complaint (as well as her employer) ...

Don’t wait for employees to use the magic words—“sexual harassment”—to begin investigating a complaint. It’s up to you to decipher an employee’s protests to determine if they could fall into that legally dangerous harassment-complaint zone ...

Q. We recently defended a workplace harassment lawsuit against our company involving two co-workers who broke up. To avoid future problems, can we impose prohibitions against co-workers dating to avoid future problems? ...

How would supervisors in your organization handle this situation: A female employee walks into her boss’s office and complains that one of her co-workers showed her pictures of himself engaged in ... activity best reserved for the privacy of one’s own home (get the gist?). Pretty serious stuff. Apparently one guy didn’t think so ...

“Tr*mp.” “F*ck.” “Sl*t.” “B*tch.” “B*be.” That was the everyday vocabulary for one of the bosses at Blue Cross Blue Shield of Alabama. Sounds like a real loser, right? Not in this case. The official loser was the employee who failed to report the manager’s conduct promtly and, therefore, lost her case in court ...

HR Law 101: Some supervisors try to skirt the whole issue of firing someone by resorting to constructive discharge. Their logic: If we make an employee’s time at work so intolerable, he or she will choose to resign. That’s an unwise strategy ...

Question: How would you like to work for this guy? ’Joe’ allegedly simulated acts of masturbation and went around sticking his finger in employees’ ears. He also engaged in unwanted touching, sexual jokes and offensive remarks about employees’ bodies. He went so far as to share intimate details about sex with his wife. One employee claims he kissed her on the lips and offered her a promotion in exchange for sex. Those employee, of course, sued for sexual harassment. Seems like a slam dunk, right? Not so ...

HR Law 101: Title VII of the Civil Rights Act of 1964 prohibits discrimination against workers on the basis of race, color, religion, sex or national origin. An array of federal and state laws further refine the definition of discrimination ...

HR Law 101: Your supervisors probably understand that they can’t pay a male more than a female to perform the same job or dole out promotions only to males. What they may not appreciate are the more subtle forms that gender discrimination may take. They may not make an effort to scrutinize their decisions to uncover any entrenched patterns of discrimination and practices that discourage women from applying for promotions or asking for raises ...

HR Law 101: Sex discrimination and sexual harassment are illegal under Title VII of the Civil Rights Act. The law requires that employers treat male and female workers equally in all terms and conditions of employment ...

HR Law 101: A clearly written, thoughtful sexual harassment policy clarifies your position to everyone on your staff, including potential perpetrators and their victims. It also provides solid proof to judges and juries that you’re committed to eliminating and preventing sexual harassment. You may use this model policy or adapt it for your organization.

HR Law 101: Employers have any number of legitimate reasons to monitor employees’ e-mail and Internet usage. Beyond personal productivity issues, you risk significant loss should an employee download a virus or other damaging software or engage in illegal activity conducted on company computers ...

Question: I am the HR Director for a nursing home. I have had several complaints against one of my supervisors from his staff. I have reported a more serious incident to the Administrator and also presented a few other complaints to him. The Administrator confronted the supervisor. The staff has since reported back to me that the supervisor’s attitude has changed toward them, and it makes them uncomfortable and creates an unpleasant working environment.

They do not want me to report him again because of his behavior toward them after the last complaint. And they do not want me to confront their supervisor.

How can I help this department if they do not want me to report him?

I feel that it’s my obligation to these employees to make them feel safe in the workplace and enjoy coming to work each day.  -- Anonymous

HR Law 101: Sexual harassment is a form of sex discrimination prohibited under Title VII of the Civil Rights Act of 1964. Courts are increasingly taking a dim view of employers that don't take decisive action to prevent sexual harassment ...

HR Law 101: Employee handbooks are extremely valuable business tools. But if you're not careful, your handbook could land you in court. In particular, employees are increasingly suing for wrongful discharge, pointing to a handbook they claim guaranteed them employment indefinitely ...

HR Law 101: Your employee handbook should include statements on these topics: a welcoming letter from the CEO, rules and procedures, your employment policies, compensation and benefits, safety and health rules, an affirmative action statement and an acknowledgment receipt form ...

Q. A recent sexual harassment complaint reported the conduct of management employees at a private party. The party was outside the normal workday and wasn't sponsored by the company. What is the company's liability? —W.S., Wisconsin

If you're facing an employment lawsuit, don't bother probing into the employee's immigration status during the lawsuit's discovery phase. The EEOC has long held that immigration status is irrelevant to any underlying discrimination claims, and a recent federal court ruling supports this stance ...

If your organization doesn't currently make it clear that it prohibits supervisors from retaliating against employees who complain about discrimination, now's the time to hammer home that message ...

Insubordination is a perfectly logical and legal reason to fire an employee. But juries will be suspicious if it looks like one of your supervisors "set up" the employee to give you a reason to terminate ...

While Title VII makes it illegal to discriminate on the basis of race, gender, religion, age or disability, no federal law explicitly says that you can't fire someone just because the person is gay ...

If you're facing an employment lawsuit, don't bother probing into the employee's immigration status during the lawsuit's discovery phase. The EEOC has long held that immigration status is irrelevant to any underlying discrimination claims, and a recent federal court ruling supports that stance ...

Domestic violence isn't always domestic. It comes to the workplace as lost productivity, excessive absenteeism, employee depression, increased health costs and, in the worst-case scenario, as violence at the workplace ...

Casting admiring glances or making other such flirtatious gestures toward a co-worker isn't sexual harassment under the Florida Civil Rights Act. That law doesn't require employers to guarantee that employees won't ever look at each other in a way perceived as a "come-on" ...

Don't write off employee training just because your training budget is somewhere between slim and none. You might think affordable (or free) training is hard to come by, but that's not true, says Linda Newell, director of learning and development for Policy Studies Inc. ...

It doesn’t take much for employers to become liable for sexual harassment once someone in authority knows (or should have known) about the probability that harassment will occur. Actual knowledge that harassment has occurred isn’t necessary. In fact, liability can be triggered by something as minor as an employee’s comment that she is “uncomfortable” around a co-worker ...

When employees complain about a sexually hostile environment, it pays to remedy the situation … fast. That’s true even if you don’t believe the actions would amount to illegal harassment ...

It’s been a few years since the U.S. Supreme Court laid down the law on sexual harassment.... Time breeds complacency, and too many organizations have let down their guard. The world’s best policy won’t do you any good collecting dust on a shelf ...

You and the supervisors at your organization may already know how to handle a sexual harassment complaint that appears genuine. But what should you do when you seriously doubt that a claim is legit? ...

Frivolous lawsuits will forever be a thorn in the side of HR. But, according to a new report, employees are becoming more successful in job discrimination complaints filed with the EEOC ...

If you’ve ever worried that participation in the internal investigation of an EEOC complaint might land you in trouble, you can take some comfort in a recent federal appeals court decision ...

If your HR job includes evaluating claims of sexual harassment and hostile environment, it’s a good idea to approach investigations from two separate but related angles ...

Gargiulo Inc., one of Florida’s largest fruit and vegetable wholesalers, will pay $215,000 to settle sexual harassment lawsuits on behalf of female Haitian workers at its tomato packinghouse in Immokalee ...

Let’s say you promptly investigated a sexual harassment claim and conclude that an employee engaged in conduct that offended sensitive employees but wasn’t outrageous. What do you do? If your aim is to stem a brewing problem, it pays to do more than issue a verbal warning ...

Who would have thought dropping the name “Osama” could get you out of trouble in a U.S. courtroom? ...

HR Law 101: The EEOC has become proactive in protecting workers from a sexually hostile environment. In 2007 alone, the agency recovered from employers nearly $50 million for victims of harassment ...

HR Law 101: Don’t hesitate to inform employees about their right to report sexual harassment to the EEOC or a state agency. Your failure to provide information about alternatives to internal reporting won’t prevent employees from seeking redress from a government authority ...

HR Law 101: When a new hire comes on board, you must determine whether to classify him or her as exempt or nonexempt under the FLSA. The key consideration: Exempt workers aren’t eligible for overtime pay. Rather, they’re paid for the job they do, not the hours they keep ...

Employers of four or more people must comply with the Pennsylvania Human Relations Act (PHRA). The law is administered by the Pennsylvania Human Relations Commission (PHRC), which also receives the initial federal discrimination charges made under Title VII of the federal Civil Rights Act ...

California’s unemployment compensation system, like that of many other states, provides temporary payments to employees who lose their jobs through no fault of their own. The law is complex and in some cases holds an employer liable for unemployment insurance (UI) payments even when a former employee wasn’t fired, but quit ...

Under California’s Fair Employment and Housing Act (FEHA), it’s unlawful to subject people to differential treatment based on race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, marital status, sex, age or sexual orientation ...

Under the Illinois Human Rights Act (IHRA), it’s illegal to subject people to differential treatment based on race, color, religion, sex, national origin, ancestry, citizenship status (with regard to employment), age (40 and over), marital status, familial status (with regard to housing), arrest record, physical or mental disability, military status, sexual orientation or unfavorable discharge from military service ...

Here's a primer on what sexual harassment is and how to react when you see it.

Question: My boss (who isn’t the warmest guy) feels compelled to give me a box of chocolates each year on Valentine’s Day ... even though it clearly makes us both uncomfortable.

Even worse, some customers and clients send inappropriate gifts to my female colleagues.

For those reasons, I think Valentine’s Day should not be celebrated in the office. Do you agree?  -- M.G., Scranton, Pa.

You don't want to play den mother to your employees, but a new trend gaining publicity may put you in that role. So-called "workplace bullying" is no longer something you can shrug off. If you see it, you'd better try to stop it.

"That's the last straw. You're fired."

You may have said those words yourself, but unless you've correctly documented the fired employee's "earlier straws," you may be opening up yourself for a lawsuit.

Good news: Your organization no longer has to notify employees suspected of workplace misconduct that they are targets of third-party investigations. That's because Congress recently reauthorized the Fair Credit Reporting Act ...

Good news: You no longer have to notify employees suspected of workplace misconduct that they are targets of third-party investigations. Congress recently altered the Fair Credit Reporting Act (FCRA) ...

A key part of the new FCRA law (mentioned on the bottom of page 3) bears good news for employers: You no longer need to notify employees suspected of workplace misconduct that they are targets of a third-party investigation.

Not every comment about a person's appearance rises to the level of sexual harassment.

Even if you draft airtight employment policies and provide expert training, your company could still end up among the increasing number of businesses facing ...