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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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Juries like simple cases. If an em­­ployee complains about discrimination and management does nothing, that’s one thing. But if suddenly the employee is criticized, placed on a performance improvement plan and then fired, jurors may see retaliation.

Have you ever faced an applicant who applies for every open position just because it’s easy to do—and then complains that she wasn’t chosen for any of them? A federal court made quick work of dismissing a lawsuit from one such applicant when it was clear she was overreaching.
A former manager of a Bank of America branch in New York is suing, claiming the bank has a discriminatory policy of placing black managers only in predominantly poor, black neighborhoods.
Food wholesaler Nash Finch has settled complaints it discriminated against women at its Lumberton facility. Based in Minnesota, Nash Finch is the nation’s second largest food wholesaler and has received $14 million in federal contract payments since 2005.
The city of Donna’s former accountant is suing the South Texas town, claiming she wasn’t chosen to become city manager because she is a non-Hispanic woman.
A hotline makes it easy for employees to file complaints internally—and for you to keep track of the kinds of complaints they are making. That can come in handy later if there’s a dispute about when or about what an employee complained.
BAE Systems Tactical Vehicle Sys­­tems of Houston has agreed to settle a disability discrimination suit filed on behalf of a morbidly obese former employee.
Do you use off-the-shelf pre-employment tests to screen applicants? Watch out! You could be setting yourself up for years of litigation if a disappointed applicant sues, alleging some form of discrimination.
A former Lufkin Industries employee is suing the oil field equipment manufacturer, alleging he was fired for complaining about racial discrimination.
For employers, the best way to win discrimination lawsuits is consistency. When you enforce a workplace rule, do so for everyone who violates that rule—every time. That makes it difficult for an employee to cry discrimination over a discipline dispute.
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