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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In employment law, the adage that two wrongs don’t make a right is true. Don’t make the mistake an em­­ployer recently made when a super­­visor apparently favored members of his religion in hiring. It terminated them without providing a legitimate, performance-related reason.
Custom Built Personal Training in Modesto, Ca. will have to whip its pregnancy-leave policy into shape after the EEOC threw its weight behind a fired employee’s lawsuit.

USERRA provides job protection for military-connected employees once they re­­turn from extended military service. Employers shouldn’t fire covered workers without good cause and solid reasons. Be prepared to show you would have taken the same action whether the employee served or not.

Q. We have an employee with a disability who has requested to work from home part time as an accommodation for her disability. Are we required to grant this request?
Even a small gender-based pay differential may be­­come the foundation of a class-action lawsuit.
Sometimes, like life, supervisors are unfair. But unless there’s some other problem, being treated unfairly isn’t grounds for a lawsuit. Employees have to show that something illegal motivated the unfairness, such as racial or gender bias. Just saying that was the reason isn’t enough, either.
Have an adequate but not outstanding employee? Be careful if he engages in some form of protected activity. Sud­denly deciding he’s not good enough may spark a retaliation lawsuit.
Employers shouldn’t worry too much about firing an employee they believe sexually harassed another employee. As long as you conduct an investigation and reasonably believe the employee broke company rules against harassment, a court likely won’t second-guess your judgment. You don’t have to be absolutely right… just honest.
Sometimes, employees complain about racial harassment but don’t sue right away. Don’t think the problem will go away just because no one has filed an EEOC complaint.
A woman doesn’t have to be pregnant to sue for discrimination under the Pregnancy Discrimination Act. Wait, what?
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