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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Three former 911 dispatchers have filed suit against Allegheny County, Pa., alleging it discriminated against them because of their race. One dispatcher also claims she was subject to sexual harassment.

Some employees don’t take discipline well. What may have started as a reprimand over a rule violation or poor work can quickly escalate for one of these workers. Don’t be afraid to increase the disciplinary consequences if the em­­ployee won’t cooperate or accept correction.

Here’s something to remember when planning your sexual har­­assment training sessions for management: Be sure everyone understands that they must report any sexual har­­assment complaints employees make—even if the employees don’t follow the procedures for reporting sexual harassment laid out in the employee handbook or company policies.

Can you explain why you terminated one employee, but not another who committed a similar offense? Chances are, if you didn’t document specific behavior and provide concrete examples of poor performance, you won’t be able to explain it in court. Resolve to improve your system for documenting disciplinary actions now, before an unhappy former employee sues.

Ordinarily, retaliation re­quires a so-called adverse employment action, such as discharge or demotion. Lesser actions, such as a lateral transfer, don’t count. That is, unless that transfer carries with it serious consequences—such as a dramatically longer commute.

The website Gawker.com has published yet another embarrassing internal document from retail giant Target’s HR shop. This one, leaked by employees, instructs managers on how to talk to the four generations working in Target stores: veterans, baby boomers, generation X and generation Y. What could possibly go wrong? Plenty.
The U.S. Department of Labor-sponsored Job Accommodation Network has published new guidance on using leave as an accommodation under the ADA.
The EEOC has won a reduction of a large attorneys’ fee award it had been ordered to pay for an allegedly frivolous lawsuit.

If a temp isn’t doing a good job, don’t expect improvement if you bring her aboard permanently. When considering converting temporary employees into permanent staff members, you don’t have to accept an application from someone who has already proven herself to be a poor worker.

Employers are free to set hiring standards and then to pick from the most qualified applicants. Disappointed applicants can’t sue just because they believe they were somehow discriminated against. They have to offer some proof that the employer didn’t hire the best-qualified applicant.
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