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 the EEOC gets wind of alleged discrimination, it is free to investigate that practice and sue the employer—all without naming an actual victim.
Some employees complain all the time and don’t get along with their bosses and co-workers. But if their complaints aren’t specific and don’t raise at least potential discrimination based on race, age, sex or some other protected characteristic, their complaints aren’t so-called “protected activity.” Therefore, they can’t be the basis for later retaliation claims.
Ordinarily, if a subordinate sues for alleged sexual harassment under Title VII, there is no personal liability for that supervisor. However, if the employer is a public agency or governmental unit, the rules change.
The EEOC has sued Arthur’s Restaurant and Bar in Addison for pregnancy discrimination after a waitress who was expecting a baby was allegedly fired when she was “beginning to show.”
Q. One of my employees was recently injured in a nonwork-related accident. If this employee returns to work and requires an accommodation to perform his duties, can allowing him to telecommute be considered reasonable accommodation?
The EEOC has filed suit against the owner of Seapod Pawnbrokers, a chain of pawnshops in Brooklyn and Queens. The owner allegedly made disparaging remarks to his largely Hispanic female employees.
Shoreview, Minn.-based Cummins Power Generation faces a suit from the EEOC after it fired an employee who had missed work for refusing to provide medical information in conjunction with a fitness-for-duty examination. According to the suit, the company sought medical information that wasn’t related to the reason for the employee’s absence.
Ohio-based MPW Industrial Services has agreed to settle a disability discrimination suit the EEOC filed on behalf of a job applicant.
Of course you should strive to keep your workplace free of discrimination, but you don’t have to satisfy unreasonable equity requests.
Sometimes, the tension between sympathy for a disabled worker and a need for productivity leads to frustration and perhaps even ill-chosen words. Luckily, one or two such incidents aren’t likely to end in a big jury award.