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.
A controversial Pregnancy Discrimination Act lawsuit involving an unmarried woman who was artificially inseminated and who teaches at a Cincinnati Catholic school will go to trial following a federal court ruling.
You probably know you must document all disciplinary actions. Take that a step further by categorizing the discipline.
Here’s a reminder to pass on to everyone involved in the hiring or promotion process: You’re running a huge risk if you deviate from the job announcement’s minimum and preferred qualifications.
When it comes to promotions, smart employers make sure they carefully document the selection process. That way, if an employee challenges the decision, the company will have something compelling to show the court.
In management training, you no doubt tell supervisors that they’re not allowed to punish employees for filing discrimination complaints or testifying in other employees’ cases. But what should you do if—despite your warnings—one of those employees seems to be getting lots of disciplinary warnings?
Not every hiring preference is evidence of discrimination. You can limit the number of applicants by setting parameters—such as considering current employees first.
Employees who lose their jobs have an incentive to sue—and they’ll often look for evidence of discrimination to form the basis of their lawsuits. But to win in court, employees have to show they were meeting their employer’s legitimate expectations. That’s hard to do if the employer can show the employee admitted her shortcomings.
Having trouble persuading upper management to get proactive about harassment and hostility complaints? Remind them that ignoring such a problem will only make it fester—until someone decides to sue.
Sometimes, it’s obvious that an employee will not work out. If that employee belongs to a protected class, you may be tempted to treat her with kid gloves. Don’t. Instead, keep the focus on performance deficiencies.
A federal court considering the question for the first time has concluded that workers over a certain age can challenge the disparate impact a reduction in force may have on that age group.