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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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Your best defense to a failure-to-promote claim is proof that you posted the job but the employee never applied. But how do you prove that? With a policy that requires posting all internal openings and also requires employees to express their interest by actually applying ...

While you should certainly discourage workplace comments that could be misconstrued as hostile, don’t panic if you learn an insensitive supervisor said something stupid. Unless the remarks were out-and-out racist, chances are they won’t be the basis for a hostile environment racial harassment lawsuit.
If New York employers want to shorten the time frame in which former employees can file lawsuits, they can do so by including a clause to that effect in their employment applications. However, that may apply only to New York state claims, not federal ones.
There are no magic words an em­­ployee has to utter in order to engage in protected activity. As long as what he says would lead a reasonable person to conclude he’s complaining about some form of discrimination, he has protection from retaliation.
Here’s something for small business owners to consider when purporting to terminate an employee for financial reasons. If the owner spends lavishly elsewhere, that may be evidence that money was just an excuse for a discriminatory termination.

We all know that hiring managers are supposed to avoid personal or intrusive questions when interviewing job applicants. However, under some limited circumstances, getting answers to such questions may be relevant and necessary to the hiring process.

If you can’t find a way to end persistent workplace harassment, a court may conclude that your organization acted recklessly in denying an employee’s civil rights. That may mean you’ll owe a huge punitive damages award.
As long as hiring managers can logically explain why one applicant was selected instead of another, courts probably won’t question the choice.
A federal judge has ordered Chicago-based Prospect Airport Services to implement an anti-harassment program after determining that the company ignored previous court orders issued after it settled an EEOC harassment suit in 2010.
A school guidance counselor is suing the New York City Department of Education after she was fired after some long-ago photos of her modeling lingerie surfaced on the Internet. Her lawsuit claims discrimination and wrongful termination.
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