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.

One of the most important factors in promotion discrimination cases is also one of the easiest to control. The courts may not care that your decisions on whom to promote were perfectly rational; they want proof that you used the same factors for each candidate, flawed or not ...

The New York Human Rights Law, like Title VII of the federal Civil Rights Act, makes it illegal to fire an employee because of his or her race. Both laws also recognize that it’s unlikely that a manager who is aware of an employee’s race when hiring would turn around and fire the same employee because of race ...

Flushing Manor Geriatric Center Inc. in Queens will pay $900,000 to 29 Haitian and Jamaican employees for race discrimination and retaliation ...

Employers use a wide variety of tests to determine whether job applicants can perform the jobs they seek. The tests usually measure the candidates’ knowledge, skills and abilities. But if tests cover anything other than the employee’s ability to perform the job’s essential functions, employers could find themselves defending the tests in court ...

Warn managers and supervisors: It’s dangerous to demand that employees speak English at work! The EEOC sees restrictive English-only policies as possible national origin discrimination. What’s more, the National Labor Relations Board views such policies as possible unfair labor practices if the restriction limits the ability of employees to discuss work conditions ...

Jobs evolve and often become more complex, so it makes sense to revisit job requirements when someone quits, retires or is promoted. There’s no better time to re-evaluate positions to make sure the next job candidates will have the skills, training and experience necessary to succeed. But if you don’t document the changes carefully, you may find yourself facing a lawsuit ...

If you don’t have a sexual harassment policy (or if no one pays attention to the one you have), watch out! You’ll have to pay compensatory damages if an employee can prove he or she was sexually harassed—and you also could pay punitive damages ...

Have your employees lost a sense of appropriate workplace attire? If so, remember that you can enforce a reasonable dress code. Just stay clear of banning religious dress that doesn’t pose a safety hazard—that might amount to religious discrimination. On the other hand, you don’t have to allow the same employee to sport the religious (and other) symbols of multiple faiths ...

The EEOC just issued guidelines stating that one’s status as a family member can’t be considered in employment decisions. The agency says the guidelines address “family-responsibility discrimination.” They draw on earlier theories about so-called “gender-plus” discrimination ...

Employers could violate the New Jersey Law Against Discrimination (NJLAD) even if they don’t intend to discriminate ...