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.
Offering a public employee the option to retire rather than face a disciplinary hearing that could result in discharge isn’t an adverse employment action. Therefore, it can’t be the basis of an employee’s discrimination lawsuit.
The EEOC has sued Buffalo-based Izza Bending Tube & Wire, claiming it retaliated against an employee after she objected to a manager’s decision not to hire a black applicant.
Q. We make offers to applicants contingent on passing a physical examination. As a part of the examination the doctor asks for a medical history, including questions about the applicant’s family medical history. We have heard that we should not ask about the applicant’s family medical history, but we aren’t sure if that’s true. Should we not ask for this information?
The EEOC has filed suit against Madera-based Zoria Farms and its predecessor company, alleging it fired several women after they complained of rampant sexual harassment.
When female workers sought temporary jobs at a warehouse, they were told that the temp agency, Los Angeles-based Industrial Labor Management Group (ILM), was only hiring men for the positions. The women complained to the EEOC, which is now suing the firm for sex discrimination.
When a supervisor expresses clear illegal bias, fire her. Otherwise, her attitude may taint any subsequent termination decisions involving members of the protected class the manager harbors resentment about.
A high-profile sexual harassment case that went all the way to the Minnesota Supreme Court will now proceed to the penalty phase with no opposition from the defendant.
Employees terminated during RIFs sometimes believe they were hand-selected for layoff because of discrimination or retaliation for prior complaints. Smart employers consider that possibility and carefully document the RIF process to show when the possibility of layoffs was first considered and how employees were picked for termination.
Consider this when deciding whether to offer a simple and cheap accommodation to an employee who claims he’s disabled: Offering help doesn’t mean you accept that he’s disabled. You can still challenge his status under the ADA if he sues.
Mattress Firm, a Houston-based bedding retailer, faces charges it discriminated against older workers at its Las Vegas stores. The EEOC has filed suit against the company after efforts to mediate the case failed.