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.

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 ...

Pennsylvania mirrors America's growing diversity in many ways. Today, mosques occupy old churches; co-workers wear burqas and yarmulkes; and some employees request "prayer breaks." Religious diversity is a reason for celebration in a pluralistic society, but it also presents challenges in the workplace ...

If you're a religious organization, don't be intimidated by employees invoking anti-discrimination laws as a way to protest your legitimate religious mission. When it comes to how you manage religious staff, government must keep its hands off ...

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 ...

In the HR world, your actions sometimes fall into the “damned if you do, damned if you don’t” category. This is one of those cases ...

It may seem patently obvious, but judging from the number of lawsuits alleging retaliation these days, many employers still don’t understand the importance of equal treatment following a complaint ...