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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Interviews reveal applicants’ membership in protected classes like race, sex and obvious disability. As a result, courts sometimes look with suspicion on rejecting an applicant who was obviously qualified enough to earn an interview but who was rejected because of her interview performance.
Here’s an important reminder for HR professionals and managers who must investigate employee misconduct and decide on appropriate discipline. Don’t forget to provide a detailed account of what happened, whom you interviewed and how you arrived at an appropriate punishment. Make sure similar misconduct results in similar consequences.
Workers who are more sensitive than others can’t sue, alleging a hostile work environment, unless conditions are truly terrible. They simply have to tolerate the occasional un­­kind comment and other ordinary workplace annoyances.
A hotel company that owns a Com­­fort Inn in Nags Head on the Outer Banks has agreed to settle a religious discrimination case after it stopped accommodating an employee’s religious needs.
While some federal and state laws allow employees to personally sue their super­visors or an HR professional, that’s not the case for Title VII of the Civil Rights Act. Only employers can be liable for discrimination covered by that section.
Do you have supervisors who are constantly nagging subordinates about their health, weight, condition and inability to keep up with younger employees? That’s a huge age discrimination red flag that demands immediate action.
Fifty-six senators have said they will vote for the Employment Non-Discrimination Act (ENDA) if it comes up for a vote this month.
Don’t worry too much if a sensitive soul finds the workplace unpleasant. Absent tangible, objective evidence that an environment is truly hostile, her lawsuit won’t go far.

Unfortunately, some applicants don’t take rejection well. That’s why you need to document what you did with each application. Something as simple as the fact the applicant didn’t fill out the form completely may help you if you’re sued.

While most employers have to follow federal and state anti-discrimination laws, there is a limited exception for religious organizations. Under the ministerial exception, an employee hired to preach the organization’s religious beliefs can’t sue for discrimination.

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