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.
Here’s something to consider before you place an employee on disability leave following an employer-ordered medical exam. That employee may end up being considered disabled—even if the exam revealed no real medical problems. Essentially, by examining him and placing him on leave, you are regarding him as disabled. He can then sue for disability discrimination.
The EEOC alleges Chanhassen, MN-based PMT Corp. discriminated against older and female applicants for company sales positions. In a lawsuit filed in federal court, the EEOC claims the company’s president and CEO specifically instructed the HR department not to hire women and people who graduated from college more than 10 years ago for sales positions.
Interstate Hotels and Resorts, the Virginia-based firm that managed Rochester’s Kahler Grand Hotel, has settled age discrimination charges that four former employees brought against the company. Interstate began managing the hotel, which serves the Mayo Clinic, in January 2013.
The White House announced June 16 that President Obama will soon issue an executive order that bans federal contractors from discriminating in hiring, firing, compensation or work conditions based on a person’s sexual orientation or gender identity.
Employees can sometimes quit and sue for constructive discharge if their employer made work life intolerable. That doesn’t mean an employee can quit anytime she faces a difficult situation. She has to let her employer try to resolve the problem first.
Some small nonprofit organizations may think they don’t have to follow Title VII anti-discrimination rules because they only have one or two employees. They could be wrong if the board that manages the organization pays officers to attend meetings and generally holds them accountable for assignments and meetings.
Do you sometimes have preconceived notions based on uninformed assumptions about a worker’s or a job candidate’s ability to do the job? Beware!
People say stupid things all the time. When it happens at work, the consequences can be profound. But many dumb slips of the tongue turn out to be merely insensitive, not malicious. As long as the comments don’t become frequent or more severe, there won’t usually be any lasting damage.
Disabled employees are entitled to reasonable accommodations, which must be decided on the basis of an interactive discussion between the employer and employee. Some employees, perhaps sensitive about their medical histories, try to limit the information their employers can see. That can compromise the interactive process.
It may seem wrong for an employee who is out on disability leave to work another job. But firing her for allegedly lying about her medical condition may backfire in the form of a disability or retaliation claim.