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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Before you fire a worker for making a serious mistake, take into account his or her past disciplinary history and make it part of your decision-making process. That way, should the worker challenge the decision by claiming others outside his protected class were treated more leniently, you have that past discipline as support for a harsher punishment.

Remind managers and supervisors that all qualified employees, regardless of age, should be offered appropriate training. Telling older workers that they may not succeed can mean a big lawsuit loss later.

The Court has ruled in favor of the EEOC in a case that pitted fashion retailer Abercrombie & Fitch against a teenager who wasn’t hired after wearing a Muslim headscarf to a job interview.
A Chicago-area staffing agency that checked almost all the boxes on the EEOC’s what-not-to-do list has agreed to settle two lawsuits filed on behalf of temp workers.
The Supreme Court of Texas has decided a case brought under Texas law that will help employers defend themselves against retaliation claims.
Courts often reward employers for offering second chances to employees who might otherwise be fired.

The American Civil Liberties Union has asked federal and California state regulators to investigate Hollywood’s hiring practices with an eye toward addressing discrimination against women. Could pressure from politically active groups be employment law’s wave of the future?

Rest easy: As long as you take appropriate action to stop racially charged comments, the first one won’t land you in court. The key is to take every complaint seriously and immediately investigate any complaints. Then discipline the person who made the comments and warn against further comments.
The EEOC has launched a pilot program to digitally transmit documents to and from employers regarding discrimination charges filed against them. The program—called ACT Digital—is the first step in the EEOC’s move toward an online charge system that will streamline the submission of documents, notices and communications in the EEOC’s charge system.
The more general your discharge reasons, the easier it is for the former employee to argue that discrimination was in play. Conversely, specific discharge reasons make it much harder to argue discrimination because chances are the fired worker won’t find someone similarly situated (i.e., who broke exactly the same rule) for comparison. See how this played out in a recent case.
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