Discrimination and Harassment
Discrimination and harassment claims often increase in a down economy. Learn the proper techniques for conducing proper workplace harassment investigations, providing sexual harassment training, and more to reduce claims of employment discrimination and preventing sexual harassment in the workplace.
Courts hesitate to second-guess an employer’s decision to cut staff for economic reasons. Generally, employees have to challenge such decisions head on, with direct evidence of discrimination. That’s hard to do.
A fast-food franchise in Mendota and its owner are in hot water over allegations that they did nothing after female employees complained that a manager subjected them to sexual harassment, inappropriate touching and even sexual assault.
Here’s an important reminder for HR professionals handling employee discipline: If the disciplinary process is well under way—and you believe that the proposed discipline is fair, reasonable and based on facts—there’s no need to stop the process just because the employee files an internal discrimination complaint.
A unique case highlights a twist on the usual definition of discrimination: If an employee is fired for failing to live up to a stereotype about a particular race or nationality, she’s unlikely to win a discrimination lawsuit.
Overly sensitive employees can interpret anything negative as hostile. But often what is subjectively hostile is just unpleasant from an objective standpoint, the result of an apparent personality conflict. It all depends on how a hypothetical “reasonable person” who finds himself in the same situation would view the matter.
Civil construction and environmental cleanup firm WRS Compass has lost its bid to have racial discrimination and harassment charges dismissed stemming from incidents at a Chicago work site.
Smart employers document all the reasons for every rate of pay, in case someone later alleges some form of discrimination. That way, they’re prepared to justify exactly why one worker earns more or less than another similarly situated colleague.
A pool supply company recently agreed to settle a lawsuit brought by the EEOC accusing it of sexual harassment, retaliation and constructive discharge. Irvine-based Aqua Tri will pay $462,500 to 18 Hispanic workers.
A court has clarified that the EEOC isn’t required or expected to look beyond what an employee states in his agency complaint when investigating it. That means that if an employee fills out the form herself and doesn’t provide enough information to trigger suspicions that discrimination has occurred, chances are the matter won’t go further.
Goodyear Tire & Rubber faces charges of disability discrimination at its Fayetteville plant after it terminated a woman because she suffers from a menstrual bleeding disorder, menorrhagia.