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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Even if an internal discrimination complaint proves unfounded, you must still ensure that the em­­ployee who complained isn’t punished for doing so. Remind supervisors and the employee that you won’t tolerate any type of retaliation.
Here’s a good reason to make sure your supervisors aren’t targeting some employees for poor treatment: If they boast about their attitude outside of work, those statements may be used against them—and the company.
Here’s some advice on creating good disciplinary records: When employees break the same or similar rules but end up with different dis­cipline, make sure your records specify why you believed one deserved harsher punishment than another.
Q. My company was sued by a former employee for age discrimination under the California Fair Employ­­ment and Housing Act (FEHA). We’re settling the case and including a waiver of the right to proceed under FEHA. Do we need an ADEA waiver, too?
An optician with an anxiety disorder was fired from her job after her re­quest to bring her service dog to work was denied. The dog alerted her to oncoming panic attacks, and could also do other tasks, such as retrieve small objects, retrieve her medical bag and guide her to an exit.
Following a rash of sexual harassment complaints against state legislators, Gov. Andrew M. Cuomo has proposed an independent investigator for complaints against members of New York’s legislative and executive branches.

When an employee is fired, he or she has nothing to lose by suing you. That’s why you should assume that every employee will do just that and prepare accordingly. That includes making sure you have documented every step of the disciplinary process, providing details and dates.

Employers that ignore the first or second complaint about a racially hostile workplace do so at their peril. The fact is, if you don’t do something to stop the harassment fast, it’s likely to get worse—much worse.

Here’s a good practice that may limit lots of lawsuits following terminations: If possible, make sure the same person who hired a worker also fires him. That makes it more difficult for an employee to argue he was fired for discriminatory reasons.

Members of the military who are called to active duty service have rights while deployed. Employers must be prepared to defend any decision that adversely affects the deployed employee.
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