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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If managers somehow collude to discriminate against an employee, that may be grounds for a conspiracy lawsuit. It happened in a recent case.

It usually happens like this: An employee comes to HR complaining that her boss said something inappropriate—maybe it was a sexually explicit joke, racial slur or offensive comment about someone’s religion. Then the supervisor gets angry at the employee for complaining and retaliates.

The EEOC handled 89,385 charges of workplace discrimination in fiscal year 2015.

A Los Angeles jury determined that Bikram Choudhury—founder of the “hot” movement that has swept the yoga world since the 1970s—harassed and retaliated against an employee after she resisted his sexual advances.

When an employee reports sexual harassment that may place her in physical danger, act immediately. Do everything you can to keep the complaining employee safe. Only then should you start investigating.
Here’s something to remember if you find that an employee’s sexual harassment allegations have been swept under the rug, unresolved and ignored.
Some terminated employees think that all they need to do to build a winning lawsuit is recall an offensive comment a supervisor once made. That’s not usually true.
Usually, judges rule it’s not a reasonable ADA accommodation to not have to work for a particular supervisor. In other words, a disabled worker can’t demand a transfer away from a specific supervisor, even if that supervisor may aggravate the employee’s disability.
Employees who claim they are disabled and need an accommodation must do two things: Tell their employer that they are disabled and request a reasonable accommodation.
The fact that a supervisor may favor a subordinate with whom he is romantically linked doesn’t justify a sex discrimination or harassment lawsuit by someone who isn’t involved in the affair.
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