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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Some employees believe that once their employer agrees that they are disabled, they can demand a specific accommodation. But that’s not true. In fact, it is the employer that gets to pick a reasonable accommodation.

When people are thrown to­­gether in the workplace, per­­s­­onality conflicts are almost inevitable. But unless there’s seriously abusive behavior or particularly offensive language, an occasionally rude workplace won’t be labeled hostile by a court.

By now, you might think no manager would be so stupid as to openly state their reluctance to hire someone of a particular race. Believe it or not, it still happens. When it does, that’s when expensive and time-consuming litigation begins.
An employee who has lost his job may look at the resulting workforce and conclude that his race or other protected characteristic was why he was part of the reduction in force. Prepare for such potential charges with solid documentation showing you had a business reason for each position you cut—and that you didn’t consider who held the job.
Merely creating a hotline for reporting discrimination isn’t enough to protect an employer against harassment and discrimination claims.
Some employees joke around by calling other workers “old man” or making other insensitive ageist comments. You should certainly discourage comments that diminish employees, customers or others based on their protected characteristics. However, a few isolated incidents won’t mean a lost lawsuit if you also make sure that you terminate employees only for legitimate business reasons.
A snarky reply to an employee’s email—plus alleged retaliation—has landed a Manhattan firm in legal hot water.
The EEOC has filed suit against NFI Roadrail and NFI Industries as a result of a pay disparity at its Irving facility. According to the complaint, the company pays men significantly more than women who perform the same work.
Here’s an important reminder that employers aren’t responsible for pre­­venting every ugly workplace incident. Just because someone vandalizes an employee’s property doesn’t mean you will be liable for creating a hostile work environment.
Was demography or economic distress to blame for the sudden jump in age discrimination charges between 2006 and 2008?
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