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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Doubling down on last summer’s report by the EEOC Select Task Force on the Study of Harassment in the Workplace, the guidance calls harassment a persistent work problem.
Document it carefully if, while an employee is out on protected leave, you discover that she has broken a workplace rule that warrants discipline.
Participating in a training program doesn’t mean an employee can win an Equal Pay Act claim by arguing some participants—who essentially undergo very similar training—are paid more for comparable work.
If anyone—a rank-and-file employee, a supervisor or even the CEO—makes comments suggesting sexual harassment or the possibility of sexual assault, crack down quickly.
Now is a good time to consider taking steps to reinforce your commitment to diversity and inclusion.
Stubbornly refusing to budge on a requested accommodation can cause an expensive and time-consuming lawsuit.
If it turns out that an employee who is suing you for bias was, in hindsight, unqualified for the job, count your blessings!
Not every unpleasant workplace incident is grounds for a lawsuit.
Employers that grant disabled workers more flexibility in work requirements need to make sure they document every ADA accommodation request and every accommodation decision.
Employers that keep good records seldom lose when an employee claims he was fired for discriminatory reasons.
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