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.
When men and women work together, romantic relationships are bound to occur. Even rules that prohibit such relationships—at least between supervisors and subordinates—won’t stop that from happening. But an isolated affair isn’t a legal kiss of death.
Courts don’t expect workplaces to be places of complete harmony—but they do expect employers to take complaints seriously. They want to see that bosses are disciplined when they make offensive comments.
Absent limited circumstances, a private employer using prison labor probably isn’t required to provide reasonable accommodations under the ADA.
Employees who sue for bias must show that they suffered some harm from the discrimination they allege.
HR Law 101: Employers have any number of legitimate reasons to monitor employees’ email and Internet usage. Beyond personal productivity issues, you risk significant loss should an employee download a virus or other damaging software or engage in illegal activity conducted on company computers ...
If they’re qualified, disabled employees may be entitled to transfer to an open position as an accommodation. Blocking a transfer may violate the ADA, unless you can show that the transfer would impose an undue hardship.
The EEOC has sued Worthington-based Davis Typewriter after a manager streamed video from a company surveillance tape on his computer—allegedly so he could ogle a female subordinate’s breasts.
The EEOC claims managers at a Farmers Insurance Exchange office in Fresno scapegoated two Asian-American adjusters after an improper coding scandal came to light. It also asserts a white adjuster was fired in retaliation for cooperating with the EEOC’s investigation.
The Minnesota Senate has finally settled with former legislative aide Michael Brodkorb, who sued after he was fired in the wake of a romantic affair with then-Majority Leader Amy Koch.
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.