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.
Job-seekers who know how to apply for open positions can’t claim discrimination unless they can also show they followed the process. At the same time, a standard process lets employers track applications and easily show a judge why someone didn’t get the job she sought.
Don’t let cost-cutting measures derail ADA reasonable accommodations requests. Offering an accommodation may be far cheaper than losing a failure-to-accommodate lawsuit.
A former employee at Lanxess Corp. has sued her former employer, claiming the company discriminated against her because of her gender. She recounts male employees telling her “women aren’t supposed to be back here” and that it was “not a woman’s job.”
Q. One of our employees was recently accused of sending sexually harassing texts to another employee. The complaining employee said she was so upset by the texts she deleted them; the accused employee adamantly denies sending the texts. Can we search the accused employee’s cellphone or is there a way to retrieve the messages from the complaining employee’s phone?
It’s the employer that gets to choose a reasonable accommodation for a disabled worker, not the employee. While a disabled worker may prefer one solution over another, that’s not relevant.
The ADA says you must reasonably accommodate disabled employees. That requires substantial discussion with the employee to understand her condition and formulate a solution.
Q. We let a female cashier at our restaurant wear a religious head covering, despite our policy against hats. Now, a male employee has started wearing a camouflage cap, claiming his religious idol is Phil Robertson of “Duck Dynasty.” He says his “religion” is sincere. Can we tell him to remove the cap?
Can an employer refuse to hire a person because that person’s family member had at one time complained to the U.S. Equal Employment Opportunity Commission? The EEOC doesn’t think so.
Do you have an employee with a spotty attendance record who suddenly claims she can’t come to work on her day of worship? Employees can’t sue for denial of reasonable religious accommodations unless they prove three things.
While most employees know it isn’t socially acceptable to use racial slurs, some may not realize that religion is an equally sensitive topic, especially for religions that have been targeted for abuse and worse for decades or even centuries. Why not eliminate potential litigation costs with solid education?