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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The 5th Circuit Court of Appeals, which has jurisdiction over Texas employers, has refused to say that Title VII prohibits the use of polygraph examinations in harassment investigations. Now juries get to decide whether forcing an employee to undergo a polygraph exam is retaliation for filing a complaint ...

Employers are finding it harder to get age discrimination cases dismissed early. They also are learning that beating age discrimination suits requires rock-solid evidence of fair and equal treatment—and a genuine, legitimate reason for discharging the employee that has nothing to do with age ...

Employees whose employers turn down their requests for time off to attend religious services can’t just run out and sue for religious discrimination. They have a case only if their employers discipline or discharge them for refusing to comply with work requirements—for example, skipping work to attend services ...

Electronic Data Systems Corp. (EDS), based in Plano, announced that it would offer early retirement to 12,000 eligible U.S. employees. The technology systems management and services company, which has approximately 136,000 employees in 64 countries, is making the offer in order to reduce costs ...

Whether an employer is liable for workplace harassment under Title VII of the Civil Rights Act or state law oftentimes turns on the status of the harasser. If the employee’s supervisor is the harasser, liability for adverse action harassment is automatic. If, however, the harasser is a fellow employee or a supervisor other than the employee’s, the employee must show that the employer knew or should have known about the harassing behavior ...

In a company downsizing, management may make what seem like capricious decisions on who stays and who goes. That can be a huge problem if an older employee suspects age discrimination and sues—especially if there are other smoking-gun signs of discrimination, such as a supervisor’s apparent antipathy for older workers ...

Employees who must stop working at a certain point in their pregnancies because a union agreement compels the leave are not entitled to unemployment compensation in Ohio. That’s true even if the pregnant employee could physically work and would have done so if it were an option ...

Ohio state law may provide limited protection for employees fired in violation of “public policy.” But as the following case shows, those cases are limited to at-will employees, not those who have the protection of union representation or a union contract. Such employees don’t need the same protection that at-will employees may need ...

For a decade, the Chagrin Falls post office allowed mail carrier Martin Tepper to take Saturdays off to observe the Sabbath. In 2002, under pressure from fellow carriers tired of working extra weekends, the U.S. Postal Service began scheduling him for Saturday duty. Tepper sued in federal court in 2004 claiming religious discrimination ...

 Two male employees at a Circuit City store in Delaware County have filed a suit alleging their male manager engaged in a campaign of sexual harassment. It started with the manager tickling their palms with his middle finger, then escalated to unwanted shoulder massages, comments about oral sex and groping ...