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.

Some new mothers returning to work after giving birth request time off during the workday to express and store breast milk. Some states have passed specific laws protecting nursing women from harassment and discrimination ...

Employees who think a supervisor is treating them unfairly and suspect discrimination often will look for an escape. One tactic is to ask for a transfer to another department or location. Don’t think that you’re required to acquiesce ...

Q. We have a position open in our sales department for someone who will be planning and executing company-sponsored events, most of which would take place outside normal 9-to-5 working hours. Is there a way we can ask about the applicants’ family situations and make it clear that missing these events because of family obligations would not be tolerated?

It certainly shouldn’t be a routine practice, but you can require employees to undergo “fitness for duty” examinations. The trick is knowing exactly when and why such an exam is legal—or not ...

Nothing rankles employers more than being accused of discrimination when the statistics show that their workplace is a model of diversity and equal opportunity. You can turn those statistics in your favor ...

Until recently, it was unclear whether Pennsylvania employers could require employees to give up the right to sue for FMLA violations in exchange for severance payments. That was because the FMLA explicitly says employees can't waive their FMLA rights as a condition of employment ...

Too many companies’ sexual harassment policies are ancient history—drafted almost a decade ago after the U.S. Supreme Court laid down strict liability rules for how employers must protect employees from sexual harassment. But a dusty binder on a shelf won’t do anything to protect your company ...

Does your disciplinary policy call for dismissing employees who coerce or intimidate other employees? Understand that firing an employee for violating such rules might make a jury trial more likely ...

After years of litigation and legislation, the Pennsylvania Supreme Court has finally put the issue to rest: Employers are free to represent themselves or hire a non-attorney advisor to present their case when an employee wants an unemployment compensation hearing ...

It may be a good idea to track who in your organization makes the decisions to hire specific employees. That way, those managers can also be part of the decision to discharge employees who turn out to be duds ...