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.

HR Law 101: There are two important reasons why you should conduct regular appraisals of your employees’ performance. First, periodic and competent appraisals reduce the opportunity for a discharged employee to claim unfair treatment. The appraisal process alerts employees to what you expect of them, areas in which they're deficient and how they can improve their performance. Second, appraisals constitute documented proof of unsatisfactory performance that will help you justify employment decisions ...

HR Law 101: In recent years, employer attempts to regulate what employees may do on their own time have become contentious. Many employers fear that their employees’ off-duty actions, including moonlighting, may reflect badly on them, lower productivity or, even worse, create liability ...

Here's another point to get the attention of your managers and supervisors when they complain about yet another discrimination training session. If they don't pay attention, it's not just the company that may suffer. They could be sued personally, too ...

Don't write off employee training just because your training budget is somewhere between slim and none. You might think affordable (or free) training is hard to come by, but that's not true, says Linda Newell, director of learning and development for Policy Studies Inc. ...

If you have a progressive-discipline policy in your employee handbook, it’s legally wise to follow it carefully with all employees. If you deviate from it and fire a worker quickly, be prepared to provide a good reason ...

Do you have clear and objective criteria for internal promotions? Prepared to justify those criteria as business-related? If so, you have little to fear from employees who were passed over for a promotion even if that means your management isn’t a perfect reflection of the racial makeup of the local work force ...

A former waiter at restaurant Jean Georges, located in the Trump Towers, has filed a federal lawsuit claiming the chef de cuisine and other employees harassed him after learning he was gay ...

Federal law says you must grant employees "reasonable accommodations" for their religious beliefs and practices. But that doesn't mean that any employees who are told they must work on their Sabbath have an automatic lawsuit ...

When it comes to employment-law cases, if you think your organization will settle the case (rather than go to trial), do it as early in the discussions as possible. It could end up saving you big bucks ...

It doesn’t take much for employers to become liable for sexual harassment once someone in authority knows (or should have known) about the probability that harassment will occur. Actual knowledge that harassment has occurred isn’t necessary. In fact, liability can be triggered by something as minor as an employee’s comment that she is “uncomfortable” around a co-worker ...