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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Employers that always have a clear and solid business reason for discharging employees seldom lose discrimination cases. That’s because even if a protected class member is affected, it’s very hard to counter the employer’s claim it terminated the employee for legitimate nondiscriminatory reasons.
Good news if you’re worried about firing an employee who has filed a sexual harassment complaint. If your investigation concludes the complaining worker was also partly at fault, he won’t be able to win a wrongful discharge case—unless he can prove that his underlying complaint was a “substantial motivating reason” for his termination.
Gov. Tom Corbett told the Phila­­del­­phia Inquirer that he supports a bill extending anti-discrimination protections to lesbian, gay, bisexual and transgender workers.
Q. Are active duty military and veterans considered a protected class?
Ten states—mostly home to the nation’s largest cities or located in the South—accounted for 56% of all EEOC charges filed in 2013.
Sedona Staffing and several associated firms have agreed to settle a flurry of discrimination charges with the EEOC.
Chris Kluwe punted for the Minnesota Vikings for eight seasons before being cut last May. Since then, despite several tryouts with other teams, he has not been able to find work in the National Football League. Kluwe thinks he knows why: his outspoken advocacy for marriage equality.
Don’t let biased notions of who can marry whom poison your workplace.

Just because an employee is doing a lousy job doesn’t mean she isn’t also being sexually harassed. Ignoring her complaints and focusing strictly on her performance may backfire if you terminate her. A jury may decide that harassment affected her performance or that, even if you fired her for legitimate reasons, she deserves compensation for the har­­ass­­ment she endured.

Sometimes, employees lose their tempers. That’s unfortunate and you certainly should discourage it. But a loud or tumultuous argument between a supervisor and a subordinate isn’t necessarily grounds for a harassment lawsuit.
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