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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A New Jersey Lexus dealership stuck to its strict dress code policy and re­­fused to hire a man whose Sikh faith required him to wear a beard, uncut hair and a turban. The EEOC sued, and the dealership will pay $50,000 to settle the discrimination suit.
An effective sexual harassment policy that includes prompt investigation of any complaints of physical touching is key to prevailing in a sexual harassment lawsuit. What should your policy include?

Employees have just 90 days from the date they receive an EEOC right-to-sue letter to file a federal discrimination lawsuit. However, 90 days isn’t as straightforward a deadline as it might seem.

You have probably read that un­­paid interns are suing ­employers for unpaid minimum wages and winning. Now they’re pushing the envelope even further, trying to get federal courts to hold employers liable for sexual harassment and hostile environment claims, too.
Nothing will get you in trouble faster than discipline that’s harsher for members of some classes than others. That’s especially true in cases where someone has been accused of violating anti-violence policies.
Do you need some employees to speak a foreign language? Don’t worry that requiring fluency could be viewed as discrimination.
Judges don’t have much patience with employers that don’t understand their obligations to prevent or stop sexual harassment, including same-sex harassment.
The EEOC is suing a Popeye’s Chicken and Biscuits franchisee, alleging it illegally refused to hire an HIV-positive man for a job at a Longview restaurant. In its complaint, the EEOC claims Famous Chicken of Shreveport violated the ADA when it refused to hire the well-qualified applicant because of his condition.
Does fear of being sued keep you from reprimanding slipshod em­­ployees? If you can document their shortcomings, don’t worry.
There’s only so much you can do to prevent a racially hostile work environment. Fortunately, courts understand those limitations and won’t hold it against you—provided you acted in good faith to stop harassment.
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