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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Washington Township in Gloucester County will pay $50,000 to a municipal worker to settle an age discrimination lawsuit that has been brewing for six years ...

Q. I run a bike messenger service in downtown Newark. Recently I discharged one of my messengers who was rendered a paraplegic in a freak accident. We did not participate in the interactive ADA accommodations process, but I think all parties would concede there is no reasonable accommodation that would allow her to ride a bike again. We are aware of liability for failure to provide a reasonable accommodation, but is there a separate cause of action in New Jersey for failing to engage in the interactive process? ...

Q. Today, I received notice of a discrimination claim from a former employee I fired 200 days ago. I thought my company was in the clear because employment discrimination complaints had to be filed within 180 days. I was surprised to hear from my HR department that the limitation period for filing the complaints can extend to 300 days. Is this true? And under what circumstances does the 300-day deadline apply? ...

Just about every harassment allegation deserves some sort of investigation. After all, that’s the only way to tell what is really happening down in the trenches. But that doesn’t mean each and every accusation should result in discipline or some other tangible action ...

Advances in genetic research have renewed attention on the workplace implications of genetic testing. Genetic research has many potential benefits. But there is growing concern that employers with access to genetic information may use it to discriminate ...

Despite passage of a federal bill that would make discrimination on the basis of sexual orientation illegal nationwide, don’t expect it to become the law of the land any time soon. That doesn't mean you're off the hook for anti-gay discrimination: It's against the law in many jurisdictions. Prevent discrimination against gays—and protect yourself from liability—with a strong anti-discrimination policy.

When it comes to hiring and promotions, it’s best to avoid subjectivity in the selection process. Tell managers and supervisors: If they have to rely on hunches, impressions and whether they “feel” one candidate is a better choice than another candidate, they are asking for trouble ...

When it comes to winning lawsuits, it’s a cutthroat world out there. Attorneys representing employees may stoop to low tactics, such as secretly recording every conversation they have with witnesses. What’s worse, it’s not against the Georgia state bar ethics rules to make secret recordings. But lying about it is. That’s why you should instruct anyone who will be speaking with an employee’s attorney to ask point blank whether the conversation is being recorded ...

Sometimes, employees who are having trouble at work think that filing EEOC complaints or lawsuits will save their jobs. It’s a ploy generally designed to paralyze management by raising the specter of a retaliation claim. But courts generally don’t hold it against an employer if it carries out a previously made discipline decision. A lawsuit or complaint doesn’t work like a cease-and-desist order ...

An agnostic paramedic sued Madison County for religious discrimination after the county offered Christian counseling, held Christian prayer meetings in the workplace and allegedly terminated him because of his agnosticism ...