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.
The role of an HR professional includes educating management on anti-discrimination laws. Doing so is generally considered doing one’s job and isn’t protected activity.
Once you have an accommodation in place for a disabled employee, don’t suddenly take it away. If the accommodation has been working, that may spur an ADA lawsuit.
A truck driver who is required to maintain U.S. Department of Transportation certification can’t sue his employer for disability discrimination if terminated without first pursuing remedies through the DOT. Until he’s done so, he isn’t “qualified” for the position and can’t sue for alleged disability discrimination.
There’s a right way and a wrong way to handle a sexual harassment complaint that may have involved physical assault. Suspending the alleged harasser is the safest approach. Telling the allegedly assaulted employee to choose between accepting a transfer or working with the harasser is not. She likely will quit and fire off a claim that she was constructively discharged.
The University of Minnesota at Duluth is still reeling from discrimination charges after it failed to renew hockey coach Shannon Miller’s contract. Miller and three of her coaches, all of whom are openly gay, were terminated.
If an employee ignores slurs or other hostile behavior—or even jokes about it with co-workers—that may be evidence the employee wasn’t personally offended and, therefore, won’t be successful in his hostile environment lawsuit.
It’s never pleasant to see a long-term employee’s performance decline. But if you intend to discipline a worker who previously was a good or even great performer, be sure to track the decline carefully. You don’t want an age discrimination claim to catch you unaware.
Just before she went on her honeymoon, a program director at Manhattan’s Shearith Israel, the oldest Jewish congregation in the country, confided to a co-worker that she was 19 weeks pregnant. The synagogue fired here upon her return.
Austin, Tx.-based e-MDs, which develops software for managing medical practices, faces charges it terminated an employee because she took maternity leave.
Here’s a simple tip that can save your organization time and legal troubles in the long run: Train all your managers and supervisors to tell employees asking for disability accommodations to take up the matter with the HR department. Don’t let managers go it alone with their own accommodation efforts.