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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Generally, when the same supervisor who hired someone also made the decision to fire someone, courts apply a concept called the “same-actor theory.” If the employee’s protected characteristic was hidden, the same presumption doesn’t apply.
Employees who file EEOC suits can’t go back years with pay claims unless they can show some sort of continuing violation.  Merely having complained for years—even decades—about unfair pay isn’t enough.
You may be among the many employers that have dress and grooming rules. That’s fine as long as you allow for religion, race, disability and other protected statuses that may affect how employees comply with the rules.
Unless there is some other direct evidence of age-related bias or harassment, it’s virtually impossible for an older worker to win an age discrimination claim if his replacement is also older.
The EEOC has lost an important case that was among the first to test the concept that race can be defined as a “construct” rather than by a set of physical characteristics.
It goes without saying that you can’t tolerate a supervisor who threatens to kill a subordinate. It’s not good enough to suspend him without pay and then let him come back after a lengthy leave.
A Steele County, Minn., judge has awarded a banker $3.5 million in damages after a bank holding company ousted him after he revealed he is gay.
A federal court has warned a woman who has acted as her own attorney in a series of employment discrimination lawsuits that any further lawsuits will be scrutinized.
If the recent past is any indication, employers may soon be seeing an increase in sexual harassment complaints and lawsuits.
Did a lawsuit suddenly come out of nowhere after you thought it was long dead? If so, it may be worth determining if the claim is untimely.
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