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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Q. An employee was injured away from work. He is now demanding to return to work as an accommodation for his injuries, which he claims is a disability under both the ADA and Minnesota Human Rights Act. We do have a transitional work program, whereby we create work to aid workers injured on the job in returning to work. The work involves duties that we otherwise outsource, such as floor sweeping, etc. Our injured employee is not able to return to his prior position due to the physical nature of that job, and is now demanding that we provide him this sort of transitional work. Must we?
Merely complaining about aches and pains isn’t enough to put an employer on notice that an employee is disabled and needs an ADA accommodation.

Under the Equal Pay Act, workers of one sex who perform substantially similar jobs are entitled to the same pay as their counterparts of the opposite sex. But it doesn’t take much to make jobs dissimilar enough to thwart direct comparisons. Keep this in mind when preparing job descriptions and explaining pay differences.

Recently, Express Jet Airways placed a Muslim flight attendant on unpaid leave after she refused to serve alcohol during flights.
University of Minnesota President Eric Kaler says he takes “full responsibility” for the botched hiring of Norwood Teague as the university’s athletic director. Teague resigned Aug. 7 after admitting he sexually harassed two administrators at a university leadership event.
The owners of New York City-based Strategic Legal Staffing were apparently surprised to learn how litigious lawyers can be. The legal temp agency found out the hard way when it allegedly rejected a job candidate after learning she was 70 years  old.
San Antonio-based Taprite Fassco has settled gender, disability and retaliation charges leveled by a female quality control employee. Taprite Fassco manufactures carbon dioxide regulators for soda and beer dispensers.
Before terminating someone who is disabled, make sure that you don’t inadvertently create a reason for them to sue you.
Just as supervisors aren’t allowed to harass subordinates, subordinates aren’t allowed to harass bosses.
It’s a violation of California’s Fair Employment and Housing Act for a supervisor to use an employee’s sexuality as a vehicle for making work life miserable. That’s true even if it wasn’t motivated by sexual desire. Bullying someone through sexual threats is sexual harassment.
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