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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Some litigants don’t want to listen to their attorneys when it comes to case management. That can make it difficult to settle a case or even cooperate with the other side. And things can get worse if the employee fires counsel and wants the equivalent of a do-over. Fortunately, most judges won’t let that happen.
Texas public employees are protected from retaliation for reporting wrongdoing to an appropriate law enforcement agency. But except in very rare cases, it’s not enough to file an internal complaint that someone within the employee’s agency is breaking the law.
Upscale retailer Barneys New York has agreed to pay $525,000 in fines to settle a lawsuit alleging it began profiling black and Hispanic customers after experiencing a spike in shoplifting and credit card fraud at its flagship store in Manhattan.
Few people like working in a place where supervisors and co-workers make smart comments, raise their voices or engage in other anti-social (and unpleasant) behavior. But that doesn’t mean that sensitive employees can sue their employers anytime their feelings are bruised.
A former employee has tried to advance a new legal theory by suing over alleged workplace bullying. His efforts failed and employers won’t have to worry about another new lawsuit flood.
Remind bosses: Be careful how you approach discussing potential retirement plans. Asking too often or in a way that’s not business-related may precipitate an age discrimination lawsuit if the employee loses her job or is demoted after such conversations.
A Popeyes Chicken franchise in Tyler has agreed to settle an EEOC disability discrimination suit filed on behalf of an applicant who had several years of experience in the restaurant business. The alleged reason he wasn’t hired: His HIV status.
A female HR director delivered St. Cloud-based Royal Tire a kick when she sued the company for an Equal Pay Act violation.
Life can be unfair. When an em­­ployee complains about unfairness at work, make sure you document the complaint and make some notes on exactly what she said. If you can show she never mentioned sex, race, age or some other protected characteristic as the underlying reason for the “unfair” treatment she complained about, she hasn’t engaged in “protected activity” and can’t bring a retaliation claim against her employer.

Employees alleging discrimination or retaliation for engaging in protected activity have to show they suffered an adverse employment action. Typically, that means they were fired, demoted or transferred to a less desirable position. But what if the employer simply removes responsibilities, even as the worker retains his title, pay and benefits?

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