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 it comes ADA disability discrimination claims, employers have to think about litigation as soon as an employee self-identifies as disabled and brings up potential reasonable accommodations. If a supervisor or HR professional refuses to even consider accommodations, it all but guarantees that the case won’t be dismissed at the summary judgment stage, potentially leading to a jury trial.
Under the ADA and state discrimination law, pregnant women may be entitled to accommodations at work. For example, if a pregnancy involves medical complications, an employee may be entitled to a reduced schedule, shift changes or temporary assignments to accommodate lifting restrictions. However, requests for changes that are only tangentially related to a pregnancy don’t have to be honored.
Before accommodating certain dress practices, employers can ask for some kind of proof of the religious custom that demands an exception—usually a letter from the employee explaining the practice and stating that he or she adheres to it. Once that letter is on file, however, employers should be careful about again demanding that the employee explain the practice or produce evidence of its validity.
Sometimes, employees who sense they are skating on thin ice at work will decide they want to keep their jobs, improve their output and adjust their attitudes to comply with your expectations. And sometimes they won’t. Determine which path such an employee has chosen by tracking both work performance and behavior over time.