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.
New Castle-based pipe fitting manufacturer EZEFLOW USA has agreed to pay $65,000 to settle a disability discrimination suit filed by a former marine who had requested six weeks of unpaid leave to treat seizures resulting from his service in Iraq and Afghanistan.
Federal government employees who want to bring discrimination and harassment charges must complain to their agency’s equal employment opportunity officer within 45 days of the alleged event. However, when it comes to so-called continual violations, even one incident occurring within that 45-day period will bring earlier incidents into play.
One of the worst things a supervisor can do is to tell an employee being discharged for poor attendance that the reason she’s unreliable is because she has children. At best, such a comment may trigger a claim of caretaker discrimination. At worst—especially if absences are to care for a disabled child—the comments can mean an ADA lawsuit based on association discrimination.
Gov. Tom Wolf has asked the legislature to send him a bill providing protections for lesbian, gay, bisexual and transgender employees.
Since the EEOC declared that “the ability to interact with others” is an essential life function, some employees and their attorneys have argued that a long list of psychiatric and psychological disorders are covered ADA disabilities. If the diagnostic criteria for a condition includes difficulty getting along with others, then being diagnosed with the condition is proof enough of disability, goes the argument. Now a federal appeals court has essentially agreed with that position, at least when it comes to one diagnosis.
Employees fired for violating workplace rules can still sue over some alleged form of discrimination, even if they were indeed guilty of breaking company rules. Be ready to counter such allegations by always documenting exactly why you determined the employee should lose his job.
The U.S. Department of Labor has extended for two weeks the comment period for its proposed rule governing the obligations of federal contractors and subcontractors not to discriminate on the basis of sex in their employment practices.
Sure, it’s theoretically possible for a man to suffer sexual harassment. But it would have to be pretty blatant to get very far in court, right?
Carefully consider whether an employee really qualifies as disabled before providing reasonable accommodations. Don’t focus solely on the number of treatments an injury or condition requires. Focus instead on whether the condition substantially impairs a life function.
Ever felt déjà vu when an employee claimed she was suffering retaliation because of a prior discrimination or harassment complaint? If what the employee describes sounds familiar, watch out. You may have a serial retaliator on your hands, and those earlier incidents may end up being used to prove retaliation has occurred again.