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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Employees seeking relief from on-the-job discrimination on the basis of their race, sex, age, national origin or religion can typically pursue their claims under federal law, Ohio law (Ohio Revised Code Section 4112.02) or both. In most cases, it doesn’t matter whether the employee sues under state or federal law—the court will apply the same cases and reasoning. The same is not true in pregnancy discrimination cases. That’s because the Ohio Civil Rights Commission interprets pregnancy discrimination quite differently than does its federal counterpart, the EEOC ...

Q. I know the Americans with Disabilities Act (ADA) gives disabled employees special rights. But I read that the law also extends to employees who aren’t disabled. How is that so? —N.L. ...

No single federal law governs job applications.

Several states are debating legislation that would make “workplace bullying” an illegal practice, like discrimination or harassment. Passage of such bills would increase your liability risks and force you to referee personality disputes. Here's the status of the legislation, and how your organization should respond ...

Religious discrimination can take many forms, including, apparently the forced singing of "Happy Birthday" to that embarrassed-looking guy sitting with his buddies in the booth by the window.

Three female employees of the Crazy Horse Steak House in New Oxford will share $40,750 for harassment allegedly committed by owner Nicholas Mavros. The women claimed Mavros commented on their breasts, asked what color underwear they were wearing, invited them to come to a motel to have sex, touched them against their wishes and even put his hands down an employee’s pants ...

A female temporary worker on a long-term assignment for NJ-based Philips Lighting Co. won a $164,850 verdict for gender discrimination against the company. The woman, who worked in the warehouse of the company’s Mountaintop, PA, plant, claimed the company offered full-time positions only to male temps. She asked about full-time employment several times and was told she was next in line. Instead, she was fired ...

Not every allegation of sexual harassment is well-founded, and some employees may be overly sensitive. That’s why your investigation should consider all sides, including the alleged victim’s reaction and treatment of the alleged harasser. As the following case shows, a thorough investigation may reveal that the problem is with the alleged victim’s perception and his or her response to the alleged harassment ...

Do you have a difficult disabled employee who seems to need constant care and attention and whose accommodations requests border on the ridiculous? Maybe it’s time to decide those requests are unreasonable. Here’s how to handle the situation ...

Employees who take intermittent leave cause the greatest disruption in the workplace, according to comments received by the U.S. Labor Department on proposed revisions to the FMLA. That includes employees with disabilities who seem to need an inordinate—and unpredictable—number of absences. If you suspect abuse, don’t jump the gun ...