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.
Under recently signed legislation, New York City will begin a year-long employment tester program in which paired job applicants with similar experience and qualifications will express interest in the same job. One will belong to a protected class and one will not.
Rotten Ralph’s, a popular Philadelphia restaurant, has been sued by the EEOC, which alleges that the eatery violated federal law when it refused to allow a Muslim server to wear a religious headscarf as a reasonable accommodation of her religious beliefs and instead fired her.
An employee who has fully recovered from a medical crisis isn’t likely to qualify as disabled under the ADA. Therefore, she would not be entitled to further accommodations. In addition, as this case shows, a few negative comments about her prior condition would not be considered to create a hostile environment.
Employers that use general tests to screen applicants run the risk of facing a disparate-impact discrimination lawsuit. If that happens, you will have to prove that the test measures qualities that relate to actual job duties.
A federal appeals court on June 20 dismissed Abercrombie & Fitch’s appeal of an EEOC religious discrimination lawsuit that the Supreme Court addressed in June.
Over the last several years, legislatures around the United States have worked to increase protections for pregnant workers, and the EEOC has identified the treatment of pregnant women in the workplace as one of its top priorities.
Generally, employees can’t sue their employers because of a personality conflict with a supervisor. Nor can they allege that it’s a form of retaliation for a disliked supervisor to show up in court in order to “torment” the employee.
The EEOC, for the first time on the federal level, has ruled that discriminating against an employee based on sexual orientation counts as unlawful sex discrimination under Title VII of the Civil Rights Act.
If an employee complains about harassment, take the complaint seriously, even if the harasser is a customer. Ban the customer to make sure the harassment stops—and call the police if the harassment involves touching or invasion of privacy.
Q. Does the recent U.S. Supreme Court decision on same-sex marriages have any effect on us with regard to the Americans with Disabilities Act?