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.
Have you ever felt that punched-in-the-gut feeling after clicking “Send” and realizing you blasted an email to the wrong person? As the CEO in this case learned, one misguided email mixed with poor judgment can stir up a potent legal stew.
If you want to lose a hostile environment lawsuit, go ahead and ignore complaints and let managers act like bigots and racists. A recent case illustrates just how big a mistake tolerating such nonsense can be.
An appeals court has reversed a quarter-million-dollar punitive-damages award for sexual harassment. The problem: The employee couldn’t prove the alleged harassment was pervasive or frequent enough to constitute a hostile environment.
Conventional wisdom says that employees who fail to report harassment can’t later surprise us with a lawsuit, since it’s impossible to stop harassment that we never learn about. It turns out that’s not always true.
The Children’s Hospital and Research Center in Oakland has reached a settlement with an employee who had cancer and was fired for taking too much medical leave.
More EEOC charges originated in Texas in fiscal year 2014 than any other state.
When a worker is fired, he or she may look for a potential lawsuit. A visit to a lawyer may be enough to stir memories of alleged discrimination. Every little incident then becomes the basis for a discrimination claim. Fortunately, unless the fired worker complained earlier about the alleged discrimination or has a plausible explanation for why he didn’t, courts toss most such cases out.
A boss who allegedly asked a subordinate to choose between her job and her daughter will now have to explain his remarks to a jury.
It’s easier for employees to prove retaliation for complaining about discrimination than it is to prove the underlying complaint. When disciplining someone who has complained, make sure each infraction is iron-clad—and don’t pile on additional dubious charges.
Some supervisors are hard to handle, especially for subordinates sensitive to criticism. But the resulting stress isn’t usually a disability under the ADA and therefore doesn’t have to be accommodated.