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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While it may be unlawful to employ illegal immigrants under the Immigration Reform and Control Act, that doesn’t mean undocumented employees can’t sue for alleged employment discrimination based on other factors, such as pregnancy. Federal courts will still entertain discrimination lawsuits, ignoring illegal status ...

You may think that the New Jersey Law Against Discrimination (NJLAD) applies only to your role as an employer. You would be wrong. In fact, the NJLAD may affect other aspects of your organization’s business activities. As the following case shows, even refusing to do business with another company can lead to discrimination litigation ...

Employees who quit in frustration when their harassment complaints go unheeded can sue, claiming they were “constructively discharged” because conditions were unbearable. That’s why it’s crucial for the HR office to respond to each and every complaint. Doing so can head off a surprise lawsuit ...

Good news for employers: Workers who claim they have been retaliated against for whistle-blowing under the New Jersey Conscientious Employee Protection Act (CEPA) have to show more than generalized displeasure with their organizations’ actions. Mere harassment isn’t enough—the employer has to take concrete action such as firing, demoting or denying promotions ...

Two former pit bosses are suing the Tropicana Casino and Resort in Atlantic City for replacing them with younger workers. The Tropicana already faces an EEOC lawsuit on behalf of 20 employees ranging in age from their late 40s to their early 70s who were laid off in January ...

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? ...

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 ...

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