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.
It’s not just harassment from co-workers and supervisors that can become the basis for a hostile environment claim. When a subordinate harasses his boss and the employer doesn’t intervene, the supervisor has a claim. That’s why it’s important to address all harassment, whatever its source.
Here’s a warning about equal pay and the ongoing effects of past discriminatory decisions: Unless you fix the problem, an employee could file multiple lawsuits.
Do you cut slack for some employees when enforcing your grooming policies? If so, there may be a race discrimination lawsuit in your future.
Here’s something to include in supervisory training sessions: Warn that negative comments about military service may put the employer on the defensive in the event the employee is terminated.
There are some jobs where the employee’s sex is a “bona fide occupational qualification”—but not many. For the vast majority of positions, employers can’t exclude people of one sex and only hire members of the opposite sex. After a recent appellate decision, it seems unlikely that one-sex hiring will survive legal scrutiny.
Remind supervisors and managers that they shouldn’t assign jobs or duties based on a worker’s gender. Nor should anyone in management make comments that could be interpreted as sexist or as assumptions that certain roles are best assigned to either men or women.
Here’s a tricky situation that requires courage: An employee complains that a senior executive may be sexually harassing a subordinate. The best approach may be to contact your employer’s attorney for advice.
For the most part, courts don’t want to second-guess employer discipline. As long as you have reasonable rules in place, let employees know what those rules are and enforce them consistently, most judges will uphold your disciplinary decisions.
Sometimes, supervisors say stupid things. How you respond may mean the difference between winning or losing a lawsuit based on those comments.
A court has concluded that employees looking for promotions or transfers have to make reasonable efforts to apply for a job before they can sue. That’s true even if they were discouraged from applying—unless it was obvious that applying would be futile and therefore pointless.