Courts considering pay discrimination claims want to believe that employers don’t purposely adopt policies that pay men more than women for the same work. But employers won’t win many lawsuits if they can’t explain exactly how pay differences came about. Simply put, if you have a complicated process for determining compensation, be ready to share it with the court.
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.
There’s flirting and then there’s sexual harassment. If the flirter is a supervisor, it’s probably sexual harassment whether or not there was any physical contact. Set a strict no-fraternization rule for supervisors and subordinates.
Because it costs more to provide health insurance for older workers, some employers may be tempted to trim their workforce of older workers during reductions in force. Or they may think twice before considering hiring an older applicant. Such actions carry considerable risk that the employee or applicant will sue for age discrimination.
Employees who claim that the stress of working for a particular supervisor exacerbates or even creates a disability sometimes think they can request a new boss as a reasonable accommodation. After all, if one supervisor “caused” the disability, then having a different one might “cure” it, allowing the employee to successfully perform her job again. But courts don’t see it that way.