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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An employee who has fully recovered from a medical crisis isn’t likely to qualify as disabled under the ADA. Therefore, she would not be entitled to further accommodations. In addition, as this case shows, a few negative comments about her prior condition would not be considered to create a hostile environment.

Employers that use general tests to screen applicants run the risk of facing a disparate-impact discrimination lawsuit. If that happens, you will have to prove that the test measures qualities that relate to actual job duties.
A federal appeals court on June 20 dismissed Abercrombie & Fitch’s appeal of an EEOC religious discrimination lawsuit that the Supreme Court addressed in June.
Over the last several years, legislatures around the United States have worked to increase protections for pregnant workers, and the EEOC has identified the treatment of pregnant women in the workplace as one of its top priorities.
Generally, employees can’t sue their employers because of a personality conflict with a supervisor. Nor can they allege that it’s a form of retaliation for a disliked supervisor to show up in court in order to “torment” the employee.
The EEOC, for the first time on the federal level, has ruled that discriminating against an employee based on sexual orientation counts as unlawful sex discrimination under Title VII of the Civil Rights Act.
If an employee complains about harassment, take the complaint seriously, even if the harasser is a customer. Ban the customer to make sure the harassment stops—and call the police if the harassment involves touching or invasion of privacy.
Q. Does the recent U.S. Supreme Court decision on same-sex marriages have any effect on us with regard to the Americans with Disabilities Act?
A federal judge has ordered the Houston-based United Bible Fellowship Ministries to pay a former employee nearly $75,000 in back pay and damages because of the nonprofit’s policy prohibiting pregnant employees from working and barring the hiring of pregnant women.

Time was when an employer’s only preoccupation with restrooms was whether the cleaning crew was keeping them stocked with soap, towels and toilet paper. Enter the new reality: Federal agencies and lesbian, gay, bisexual and transgender (LGBT) rights groups are contending that transgender employees should be given the right to choose between restrooms having an “M” or a “W” on the door.

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