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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Regularly check your workplace for potentially offensive materials. An isolated incident won’t be held against you, but a pattern of tolerance could be.
An employee who sues under the Equal Pay Act—alleging that she was paid less than someone of the opposite sex—has a tough case to make if she bases her case strictly on how much she was paid.
In April 2012, the EEOC issued comprehensive guidance addressing the use of an applicants’ criminal history in hiring, which it further clarified in March 2014. The guidance offers details and hypotheticals regarding situations when excluding an applicant based on his or her arrest or conviction record could constitute discrimination based on race or national origin in violation of Title VII.

The only appropriate response to a claim of nooses in the workplace is an immediate investigation. That may require involving the police. Show you take the incident seriously even if the source may be a customer or a contractor. It’s the right approach and the one most likely to cut any potential liability after the fact.

Abercrombie & Fitch had a bad day in court Feb. 25 when its lawyer squared off against skeptical Supreme Court Justices hearing oral arguments in a case involving a teenager who says the Muslim headscarf she wore to an interview cost her a job at the preppy retail chain.
If a technology problem interferes with a disabled employee’s attempt to use medical leave, fix the problem fast. Otherwise, you may be liable for claims that you violated the ADA’s disability accommodations ­requirements.
Generally, all claims arising out of the same set of facts must be brought in one lawsuit. However, in limited circumstances, it’s possible for an employee to file separate lawsuits against her employer—and her supervisor!
A former employee at the Twin Cities Norwegian consulate is asking the country to pay her legal fees after she won a $270,000 equal pay judgment. A federal judge ruled that the woman was paid $30,000 less than a male employee performing comparable work.
Employees filed 8,826 charges of racial harassment with the EEOC in fiscal year 2014, the most ever. In 10 years, racial harassment charges have increased by 58%.
Not every complaint amounts to “protected activity” that shields an employee from retaliation.
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