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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Surreptitiously gathering evidence in violation of your rules isn’t protected activity and can’t be the basis for an employee's subsequent retaliation lawsuit.
Like many state and local government ­employers, you no doubt are looking to cut ex­­penses, including labor costs. If you must scale back employee pay, make sure that there’s no discrimination in whose salary is cut. Other­­wise, your savings may be eaten up in litigation costs.
CEOs and other high-ranking company officials should do all they can to avoid even the appearance of impropriety at work, on business trips and when socializing with employees. Reason: Even innocent behavior can be made to look like harassment.
Most employers think that once they fire a harasser, the matter should be pretty much over. But the EEOC has now won the right to order an employer never to rehire a harasser and to ban him from the premises indefinitely.
Not every terminated employee sues, but that doesn’t mean you shouldn’t be prepared. If you fire someone for breaking a rule, note which one.
Sparks Steakhouse in Midtown Man­­hattan will pay $600,000 to settle a same-sex harassment lawsuit that alleged the upscale eatery did nothing to stop a male manager from groping waiters.
The former head of the Brooklyn-based Polish and Slavic Federal Credit Union is suing the financial institution, claiming he was fired because he refused to follow its policy: hiring only workers of Polish descent.
There’s no state or federal law that requires work to be easy or fun. As long as managers treat employees alike—without regard to race, age, sex or other protected characteristic, and don’t otherwise violate the law—they can be as unpleasant as they want.
The National Basketball Association faces a sex discrimination lawsuit filed by a woman who was once a senior account executive for the league.

Employee lawsuits that appear out of nowhere often involve some form of alleged discrimination against someone who believes he was disciplined more harshly than other employees. That’s one reason you should routinely track all discipline.