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.

In EEOC hearings, employers get a chance to defend their actions, and the agency often concludes that the employer did no wrong. But what about instances when the agency sides with the employee? Should you immediately accept defeat and settle the case? Not if you’re settling because you’re worried that the EEOC decision might become part of a federal lawsuit ...

When it comes to accommodating religious practices, employers aren’t required to be clairvoyant. If an employee wants you to accommodate a religious practice or objects to a work rule because it interferes with his or her right to practice religion, the employee has to let you know how practicing the religion precludes following the rule ...

You’ve just created a new position and a job description to go with it. That description includes essential job functions, as well as education and training requirements. Now you want to create a skills test to make sure applicants can do the job. Not so fast! Before you have the first applicant take the test, double-check that your test measures the attributes related to the essential functions you specified in the job description ...

A federal district court jury awarded a Subway restaurant employee $166,500 in a disability discrimination suit. After a trial in the U.S. District Court for the Northern District of Texas, the jury concluded that Bobrich Enterprises Inc., which operates Subway restaurants in Dallas, violated the ADA by harassing a hearing-impaired employee ...

Nothing generates paper like the hiring process, especially if it involves multiple interviews and committee meetings. What do you do with all that paper? If you destroy it, be prepared to show you do so routinely. Otherwise, a jury or judge may view the destruction as evidence you have something to hide ...

Is your organization going through a transition period marked by discharges and new hires? If so, take a quick look at your pre- and post-transition work force composition. If the diversity of your work force has changed dramatically, you may need to consider the possibility of a federal lawsuit hitting you next. If this sounds familiar, rethink your strategy before it’s too late ...

Unless they clearly understand they must treat all job candidates with the utmost respect and stick to job-related questions, supervisors inexperienced in HR matters can turn a simple hiring or promotion into a lawsuit ...

A Lucent Technologies employee sought reasonable accommodation under New Jersey’s Law Against Discrimination after claiming a female employee sexually harassed him and retaliated against him for reporting her behavior. Among other things, the man alleges the co-worker touched his head with her breasts on one occasion, made five sexually suggestive comments over a period of several months, and wore tight-fitting, sexually provocative clothing ...

A court has dismissed three Livingston teachers’ age discrimination lawsuit for lack of merit. The teachers filed suit under New Jersey’s Law Against Discrimination after they were transferred to different schools late in their careers ...

When it comes to discrimination, your best defense is treating everyone absolutely equally. That’s tough to do without a central HR tracking system. It doesn’t have to be complicated. Make sure you note any problems (and praise) in each employee’s official file. Then, do regular audits—pulling out data on age, sex, national origin and race—to tabulate types of problems and any discipline levied ...