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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Under California’s Fair Employment and Housing Act, heart disease is a disability. The employee doesn’t have to prove that in his particular case, the condition limits a major life activity.
Retaliation can be anything that would dissuade a reasonable employee from reporting alleged wrongdoing—such as harassment or discrimination—in the first place. And it doesn’t just apply to direct punishment against an employee. It can even be an employer’s action that targets an employee’s co-workers or associates.
Do you sometimes offer new employees different salaries for the same positions? If so, be sure you document why one applicant is worth more than another.

In many workplaces, promotions partly depend on completing training sessions or otherwise showing efforts to improve and grow. But some employees won’t make the effort. Of course, that doesn’t mean they won’t sue over missed promotions. That’s why you should be prepared to show which employees took advantage of training opportunities and which employees didn’t.

Let’s say a top employee refuses to work a company’s new mandated Saturday shift. His religion won’t allow it, he says, and he wants an accommodation. How you listen and react when first approached about a religious accommodation sets the tone for a quick resolution.

The EEOC handled 6,862 charges of sexual harassment in fiscal year 2014, collecting $35 million on behalf of victims. Almost all those cases could have been prevented—here's how.

Supervisors who ignore an employee’s initial oral request for a reasonable accommodation risk exposing their employer to liability if the employee quits and sues. Never dismiss such a request out of hand.
Dallas-based physician outsourcing group EmCare will pay dearly for its CEO’s raunchy behavior. Following a jury verdict awarding $499,000 to three former employees for sexual harassment, the federal judge in charge of the case has ordered the firm to pay an additional $183,000 in attorneys’ fees to the lead plaintiff in the case.
A federal jury in Manhattan has awarded a Swedish woman $18 million in her harassment lawsuit against her former Wall Street boss.
The EEOC has come out with a declaration that federal legislation explicitly prohibiting employment discrimination based on sexual orientation is unnecessary because it is already prohibited under Title VII of the Civil Rights Act. This is a new and important development in the ongoing efforts of activists to get discrimination protection for all workers, regardless of sexual orientation, preference or other characteristics based on sexuality.
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