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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If you're a religious organization, don't be intimidated by employees invoking anti-discrimination laws as a way to protest your legitimate religious mission. When it comes to how you manage religious staff, government must keep its hands off ...

To make a "constructive discharge" claim, employees must show that their working conditions were so intolerable that they had no choice but to quit and that those conditions amounted to discrimination based on age, race, sex or some other protected characteristic. But, as a new ruling shows, an employee's subjective "fear of future discipline" isn't grounds for a lawsuit under this constructive-discharge theory ...

When it's time to restructure your workplace, beware the potential legal dangers of transferring employees to jobs that have no growth potential. That could be viewed as an adverse action that triggers a discrimination lawsuit ...

Nothing triggers age discrimination lawsuits like a layoff. After all, saving money is a primary consideration in most decisions to downsize. And because long-term employees are often paid more than newer employees, organizations that focus on money often end up with layoff lists heavy with post-40-year-olds. That's a recipe for an Age Discrimination in Employment Act lawsuit ...

The 3rd Circuit has vacated its decision on the so-called "ministerial exception" and referred the case for rehearing ...

When hiring, you probably use the job description to establish the minimum requirements for the position. But what if no one in the applicant pool meets those minimum requirements? ...

Don't assume that only minorities have a right to sue you for workplace race discrimination. White employees also are entitled to work in an environment free of racial bias, and they can challenge hiring practices that interfere with that right ...

When employees sue your organization, it can be tempting for supervisors to keep a closer eye on those litigious employees to make sure they’re “playing by the rules.” But be careful: If you suddenly start enforcing your company’s existing rules or turn into Big Brother, you could end up facing a second lawsuit, for retaliation ...

Not all New Jersey employers have to worry about complying with state anti-discrimination laws. Specifically, federal employers in the state aren’t subject to the New Jersey Law Against Discrimination. Reason? The federal anti-bias laws (Title VII and the Rehabilitation Act) are the sole remedies for federal employees ...

A little-noticed amendment to New York's Labor Law imposes a new recordkeeping requirement on New York employers. We're all familiar with the requirement that, for most types of employment, minors under age 18 must provide employers with employment certificates, commonly known as "working papers," to lawfully hold jobs ...

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