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.

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 ...

To make sure employees who really aren’t disabled don’t get special treatment, HR professionals need to understand what constitutes a disability and what’s just a minor ailment ...

Even in a post-Sept. 11, 2001, environment, employers know they can’t use national origin or religion as an excuse to discharge or refuse to hire employees.

Last December, the New Jersey Legislature amended the New Jersey Law Against Discrimination (NJLAD) to protect people from adverse treatment due to “gender identity or expression” ...

The U.S. Supreme Court handed employers a major victory in a new 5-4 ruling. No longer will you have to worry that an employment decision you made years — even decades — earlier will come back to haunt you ...