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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If someone sues you because she didn’t get hired or promoted, the hiring manager better be able to explain the selection criteria. Many can’t. That’s why it’s crucial for HR to oversee hiring and promotion processes and make absolutely certain you can document how the decision was made ...

Just about everyone with an ounce of ambition wants to be promoted. But in most organizations, there’s only so much room for managers and supervisors. Still, failure to win a promotion is one of the most frequent triggers for discrimination lawsuits. That’s why HR should carefully track every employee’s performance and progress ...

If an employee sues you for discrimination despite your successful efforts to resolve her complaint, you may be able to recover your attorneys’ fees from the plaintiff. The reason: That’s a frivolous lawsuit ...

A worker walks into your HR office and makes allegations of harassment and a hostile work environment under the New Jersey Law Against Discrimination. You check the personnel file and realize that she actually is an independent contractor who provides services to your company. You’re off the hook, right? Not necessarily, according to the New Jersey Appellate Division ...

Q. Our company is considering providing anti-harassment training to all employees. Some executives are concerned that the training might actually stir up lawsuits. Do you recommend such training? ...

Here’s a trap you should be aware of: An applicant who sues when he isn’t hired often keeps on applying—and then turns around and claims that you “blacklisted” him in retaliation for the lawsuit. Here’s how you should respond ...

As if you didn’t have enough to worry about when it comes to sexual harassment in the workplace. Now a federal court has ruled that Pennsylvania law allows harassed employees to sue their employers for intentional infliction of emotional distress, too ...

Q. What areas should we cover in our electronic communications policy? ...

Workplace bullying has existed for as long as mean people have worked alongside others. Only recently, however, has it emerged as an issue for the courts to handle — it's now a significant liability hazard for employers. Here's how to institute a "no-jerks" rule at work that can help stop bullies.

Conventional wisdom says it’s best to refuse to offer any opinion when a prospective employer asks for a reference on an applicant you know may be a poor choice. But sometimes, you may feel compelled to give your counterpart at the hiring organization an honest “heads up.” Before you do, consider that the applicant may sue you if he doesn’t get the job ...

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