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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.

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A company that operates Panera Bread stores in Florida faces an additional lawsuit charging racial discrimination in the wake of a manager’s suit that claims he was fired for refusing to follow a racist directive from the store’s owner.
The manager of a Winston-Salem Dairy Queen restaurant thought he was getting rid of a problem employee when he fired Chastity Hill-Cox. His problems were only beginning. The EEOC and Hill-Cox are suing Dairy Queen for sexual harassment ...
Employers that punish some em­­ployees more leniently than others for breaking the same rule are asking for trouble. That’s especially true when a lesser offense seems to have warranted especially harsh punishment.
Q. One of our employees has just filed an internal complaint claiming that she has been sexually harassed. We are concerned that if we discipline the alleged harasser based on our findings and note this incident in his personnel file, he may demand to inspect our investigation records. May we avoid this by maintaining a separate investigation file?
Here’s a good way to cut your litigation risk: Make sure you post all promotion opportunities along with the minimum job requirements. That way, employees can’t sue over lost opportunities for which they failed to apply.
Employers may be suspicious about a prospective worker’s claimed professional credentials or other certifications—especially if it seems like the documents may have been altered or forged. If you have such doubts, don’t hesitate to ask for clarification.
A San Francisco jury has awarded $865,000 to a Muslim security guard who says his co-workers and super­visors called him a terrorist and an al-Qaida member.
When a supervisor sexually harasses a subordinate, the subordinate has a potential Title VII lawsuit. However, she does not have a workers’ compensation claim.
When it comes to promotions, courts want employers to be honest and fair. Otherwise, they won’t interfere—unless the employer has no records to back up its promotion decisions or show how its decision-making process worked.
If a reasonable person wouldn’t find mild, isolated comments out of line, an overly sensitive employee will have a hard time arguing that they were offensive enough to warrant a lawsuit.
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