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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Just before the launch of Amazon's new TV series about a 70-year-old divorced father who announces to his children that he intends to transition from a man to a woman, the EEOC filed its first-ever lawsuits alleging sex discrimination against transgender individuals.
A nurse, battling cancer, sought an accommodation that would allow her time off for chemotherapy treatments while remaining a full-time employee. The hospital refused and fired her, according to a lawsuit filed by the U.S. Equal Employment Oppor­­tunity Com­­mis­­sion.
The birthday party that Arthur’s product team threw for him in the break room was going fine. Then Gary and Ellen strolled in with... The Cake.
State Sen. Donna Campbell has proposed legislation authorizing a referendum to amend the Texas Constitution in a way that opponents say would allow Texas businesses to fire lesbian, gay, bisexual and transsexual employees and refuse service to LGBT customers if the business owner objects to the employee or customer’s lifestyle because of religious beliefs.
Simply put, documentation is what wins many lawsuits. That’s especially true when more than one supervisor has documented past problems.
Here’s something to consider when punishing employees for the use of racial or ethnic slurs: Don’t think that one race can use a term, but that another cannot.
The federal court hearing a sexual harassment and hostile work environment case has agreed to settle the case with a modest payment and extensive EEOC monitoring to prevent further harassment. While the payment was relatively small, the company will now endure regular EEOC visits to check on its progress.
Shipping giant FedEx faces an EEOC lawsuit alleging that it systematically fails to accommodate deaf and hearing-impaired employees.

Occasionally, a worker will do something truly stupid: tagging offensive graffiti, posting jokes that aren’t funny or leaving anonymous, bigoted notes. Whatever form it takes, make sure you respond immediately. Show you mean business about stamping out harassment.

Courts considering pay discrimination claims want to believe that employers don’t purposely adopt policies that pay men more than women for the same work. But employers won’t win many lawsuits if they can’t explain exactly how pay differences came about. Simply put, if you have a complicated process for determining compensation, be ready to share it with the court.

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