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.
A brief, transient medical episode that quickly resolves, leaving a worker as well as before the incident, isn’t a disability and doesn’t mean the employee is covered by the ADA or its later amendments.
G&K Services, which operates laundry facilities under federal contract in seven states, has agreed to pay more than $1.8 million and reform its hiring systems after the U.S. Department of Labor’s Office of Federal Contract Compliance Programs cited it for systemic discrimination.
To bring a case of retaliation for complaining about discrimination or harassment, employees must show that they suffered some sort of “adverse employment action” in response to their complaint. That’s easy if the employee is demoted, fired or transferred to a less desirable position. But what if the worker experiences more subtle retaliation, like having to do more work or being transferred to a potentially better position that doesn’t pan out?
An Austin. TX.-area amusement park allegedly took a developmentally disabled janitor for a ride then booted him out of his job. According to an EEOC lawsuit, the man had worked for the company satisfactorily for four years despite having suffered a traumatic brain injury as a child.
The ADA requires employers and employees to discuss potential reasonable disability accommodations with each other. However, the bottom line is this: The employer gets to choose which accommodation to implement, not the employee. As long as the chosen accommodation is reasonable, the employee’s desires take no precedence.
Just because a fired worker and his boss are of different races doesn’t mean discrimination has occurred.
Never indefinitely delay addressing a disability accommodation request. In fact, you should make a decision as quickly as possible so the employee can’t accuse you of failure to accommodate through inaction.
The EEOC achieved record results in its enforcement efforts during fiscal year 2015, which ended Sept. 30.
A single, isolated comment—especially if the speaker isn’t a co-worker or supervisor—isn’t sufficient grounds for alleging discrimination. Complaining about it doesn’t amount to protected activity.
Consider this central Pennsylvania case that is going to trial soon. A judge has concluded that not only can a man be sexually harassed, but he may be due punitive damages for his suffering.