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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When investigating an employee’s complaint of harassment—sexual or otherwise—tailor your inquiries to the facts of that case.
Some employees seem to think they are owed a workplace that is perfectly fair and equitable all the time. Sadly, perfection isn’t possible.
The EEOC has sued the Laquila Group alleging it tolerated racial harassment of black employees and retaliated against at least one who complained.
When an employee is disciplined or otherwise punished for complaining that her employer is discriminating against certain customers, she can sue—and quite possibly win a large financial award.

You can terminate a disabled individual if you conclude the employee can’t under perform the essential functions of a job with or without accommodations.

If you reject a qualified candidate but leave the position open while still seeking someone with similar qualifications, that’s an open invitation to be sued for discrimination.
Generally, when the same supervisor who hired someone also made the decision to fire someone, courts apply a concept called the “same-actor theory.” If the employee’s protected characteristic was hidden, the same presumption doesn’t apply.
Employees who file EEOC suits can’t go back years with pay claims unless they can show some sort of continuing violation.  Merely having complained for years—even decades—about unfair pay isn’t enough.
Employees who elect to continue their health insurance coverage after a work separation get to maintain that coverage even if the employer switches plans.
Unless there is some other direct evidence of age-related bias or harassment, it’s virtually impossible for an older worker to win an age discrimination claim if his replacement is also older.
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