Employers that provide clear rules on what employees must do before being considered for promotions can reduce the possibility of failure-to-promote lawsuits. That’s because employees who don’t follow those clear rules can’t argue they weren’t promoted on account of their membership in a protected class. They lost out because they didn’t follow the rules.
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.
Sure, judges expect employers to keep the work environment relatively free from harassment, at least when slurs and other bad behavior come from co-workers and supervisors. But a different, more lenient standard applies when the source is outside the company’s direct control.
Employers that create and implement clear, well-publicized policies for reporting sexual and other forms of harassment can defeat many co-worker harassment claims. The key is to come up with a specific process featuring more than one avenue through which employees can complain. Then let employees know it’s there for their use.
In order to claim that a transfer or a realignment of duties qualifies as an adverse employment action, employees must show that the transfer or job changes were somehow potentially harmful. That’s especially true in the case of job changes that spring from a lateral move across the organization chart, with the same pay and benefits.