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.

Nothing triggers age discrimination lawsuits like a layoff. After all, saving money is a primary consideration in most decisions to downsize. And because long-term employees are often paid more than newer employees, organizations that focus on money often end up with layoff lists heavy with post-40-year-olds. That's a recipe for an Age Discrimination in Employment Act lawsuit ...

When employees sue you for discrimination, be sure to pull out their job applications and résumé for a second look. You may discover that they misrepresented their education or job history, which could sink their case ...

The EEOC filed a religious discrimination lawsuit last month against the Aldi supermarket chain after the two parties failed to reach a settlement ...

To make a "constructive discharge" claim, employees must show that their working conditions were so intolerable that they had no choice but to quit and that those conditions amounted to discrimination based on age, race, sex or some other protected characteristic. But, as a new ruling shows, an employee's subjective "fear of future discipline" isn't grounds for a lawsuit under this constructive-discharge theory ...

Workplace humor is fine until it drifts into the realm of gags about employees' gender, race or religion. Even age-based jokes can trigger lawsuits. Although few employees will win age-discrimination lawsuits based on a joke or two, such juvenile behavior can take an otherwise marginal case and give it legal legs ...

When it's time to restructure your workplace, beware the potential legal dangers of transferring employees to jobs that have no growth potential. That could be viewed as an adverse action that triggers a discrimination lawsuit ...

The best harassment policy in the world isn't worth the paper it's written on if employees don't take it seriously. To show your policy has teeth, you have to let it bite ...

The 3rd Circuit has vacated its decision on the so-called "ministerial exception" and referred the case for rehearing ...

New Jersey’s Law Against Discrimination (LAD) prohibits discrimination against employees because of their “race, creed, color, national origin, ancestry, age, sex, affectional or sexual orientation, marital status, familial status, liability for services in the Armed Forces of the United States, disability or nationality” ...

When hiring, you probably use the job description to establish the minimum requirements for the position. But what if no one in the applicant pool meets those minimum requirements? ...