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.

Employees say the darndest things. Take, for example, those who call in sick or are out on disability for conditions you strongly suspect are not quite as serious as they say ...

Sooner or later, you’ll be deep in a sexual harassment investigation. When you are, make sure you look at everyone’s words and actions, not just the alleged harasser’s. It’s especially important to get a complete picture if you sense that the employee who came forward with the complaint was actively participating in what she’s now alleging was sexual harassment ...

When a company faces sexual harassment or other discrimination complaints, the investigation has to start as soon as possible. Sometimes that means suspending participants while you sort things out. A prompt conclusion to a thorough investigation is the key to avoiding retaliation charges when you tell everyone to take a “time out” ...

Most federal discrimination laws require employees who think they have been wronged to file a complaint with the EEOC or their state’s equivalent agency before going to federal court. But that’s not the case when it comes to disability discrimination cases brought under the Ohio Revised Code anti-discrimination provisions ...

Employees who realize their jobs are in peril sometimes think pulling out the “lawsuit card” will save them. They’ll meet with an attorney, who will try to head you off with a threatened lawsuit. It sometimes succeeds because it casts the potential discharge in a sinister new light—as retaliation for threatening to sue. Here’s how to counter it and still carry through with your planned action ...

A Supreme Court case narrowly focused on FLSA protections for home health care workers may signal a broader trend worth watching. Is a conservative high court now more inclined to defer to federal agency interpretations of the law even when those interpretations limit employee rights? A new EEOC age discrimination case that could reach the Supreme Court might tell the tale.

To avoid triggering retaliation lawsuits, train managers and supervisors on how to react to a complaint. First and foremost, explain that all complaints should be received professionally and without any apparent display of disappointment or emotion. Remind them: No comment allowed ...

A state judge who allegedly rants about “devil’s weed” and “Satan’s surge” while attaching biblical verses to legal opinions is being sued after he axed a deputy court administrator’s position in his office ...

Q. The out-of-town daughter of our employee has been confined to bed rest during her pregnancy. The daughter is 24. Our employee has requested FMLA leave to be with her and take care of the grandchildren. Are we required to honor this request?—J.B.

Reductions in force (RIFs) happen for a reason—usually financial. To keep legal fees and jury awards from mooting savings, be sure to document why a RIF is necessary and who should get pink slips ...