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.
When a worker is fired, he or she may look for a potential lawsuit. A visit to a lawyer may be enough to stir memories of alleged discrimination. Every little incident then becomes the basis for a discrimination claim. Fortunately, unless the fired worker complained earlier about the alleged discrimination or has a plausible explanation for why he didn’t, courts toss most such cases out.
A boss who allegedly asked a subordinate to choose between her job and her daughter will now have to explain his remarks to a jury.
It’s easier for employees to prove retaliation for complaining about discrimination than it is to prove the underlying complaint. When disciplining someone who has complained, make sure each infraction is iron-clad—and don’t pile on additional dubious charges.
Some supervisors are hard to handle, especially for subordinates sensitive to criticism. But the resulting stress isn’t usually a disability under the ADA and therefore doesn’t have to be accommodated.
A white police officer’s suit against the city of Ithaca has been dismissed. The officer alleged racial discrimination after he lost a promotion to a black officer.
Here’s an important reminder for managers handling workers returning from medical leave who may qualify as disabled: Placing workers in a temporary job may be part of an accommodation but that doesn’t end the process.
Not every slight, indignity or inconvenience experienced in the workplace is sufficient to meet the standard set by the ADEA, Title VII of the Civil Rights Act of 1964 or other state or federal law. Even so, where does one draw the line?
Employees who file discrimination complaints are protected from retaliation. When a complaint is closely followed by termination, it becomes easier for the fired employee to show the two were linked and that one caused the other. Smart employers cut this causal connection by making sure that whoever makes the termination decision wasn’t involved in the employee’s original complaint.
Part-timers enjoy the same protection from age bias as full-timers do.
Under the Equal Pay Act, men and women performing substantially similar jobs must be paid the same. But what exactly constitutes “substantially similar” jobs?