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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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 ...

Employers that tell workers to “start looking for another job” may find themselves paying unemployment compensation when the employees do just that—by quitting right away instead of waiting for the pink slip ...

 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 ...

 

Patricia Biswanger, a former partner in the Philadelphia law firm Cozen O’Connor, has sued the firm, alleging she was not given the same privileges as male associates. Biswanger was fired from her position as a nonequity partner one month after she complained about discrimination ...

To help control significant health care cost increases, many employers are trying to regulate employees’ off-duty behavior when they believe that it creates health risks. Although motivated by legitimate economic concerns, are these employers overstepping the boundaries of individual privacy? ...

Q. Under the Fair Labor Standards Act, may I dock an employee’s pay as a disciplinary penalty? ...

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