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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Sometimes, all it takes to cure a budget shortfall is to cut one position. As a business move, doing so is just as valid as conducting a much larger layoff. As long as you can show the change was based on business needs, you won’t lose a discrimination case.
Don’t let pay concerns get in the way of a transfer. Feel free to adjust compensation to account for different market rates in different locations. It’s perfectly fine to adjust salaries to suit local standards.
Clothing retailer Wet Seal appears headed for a settlement after the EEOC ruled against it in a race discrimination complaint that alleged a high-level effort to trim the number of black employees working at the teen fashion retailers’ stores.
Just as employers have a responsibility to investigate allegations of wrongdoing, employees have an obligation to cooperate with internal investigations. Refusing to do so can be grounds for termination.
Surreptitiously gathering evidence in violation of your rules isn’t protected activity and can’t be the basis for an employee's subsequent retaliation lawsuit.
Like many state and local government ­employers, you no doubt are looking to cut ex­­penses, including labor costs. If you must scale back employee pay, make sure that there’s no discrimination in whose salary is cut. Other­­wise, your savings may be eaten up in litigation costs.
CEOs and other high-ranking company officials should do all they can to avoid even the appearance of impropriety at work, on business trips and when socializing with employees. Reason: Even innocent behavior can be made to look like harassment.
Most employers think that once they fire a harasser, the matter should be pretty much over. But the EEOC has now won the right to order an employer never to rehire a harasser and to ban him from the premises indefinitely.
Not every terminated employee sues, but that doesn’t mean you shouldn’t be prepared. If you fire someone for breaking a rule, note which one.
Sparks Steakhouse in Midtown Man­­hattan will pay $600,000 to settle a same-sex harassment lawsuit that alleged the upscale eatery did nothing to stop a male manager from groping waiters.
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