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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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National origin discrimination is prohibited under Title VII. It forbids bias based on physical, linguistic or cultural traits associated with a national origin group. Among the specific areas that often trigger employee lawsuits on national origin are English-only rules, ethnic jokes and slurs, and stereotyping.
The U.S. Department of Labor’s Office of Disability Employment Policy just unveiled a study, Employer Strategies for Responding to an Aging Workforce. The study urges employers to follow these strategies to avoid age discrimination complaints:
Every employer practice and policy must be put under the legal microscope to ferret out sex discrimination. Among the most common triggers for sexual discrimination charges are hiring interview questions, old boy network promotions, favoritism in assignments, gender stereotypes, and issues surrounding sexual orientation.
The 11th Circuit Court of Appeals has approved new grounds for discrimination lawsuits. It recently ruled that employees who file discrimination complaints can sue for retaliation if their employers punish them with a hostile work environment.
Foothill Ranch-based fashion retailer Wet Seal faces a class-action lawsuit from black current and former employees who allege an internal email complained that the company had too many black workers.

Here’s a warning to employers that use a progressive disciplinary system: Follow it—for everyone. Cutting the process short except for good, solid reasons is asking for trouble. Performance improvement plans are a good example.

Courts don’t tolerate religious har­assment, but they won’t punish an employer for occasional lapses in good sense, either. That’s the lesson of the following case.

If a co-worker, supervisor or cus­­tomer sexually assaults an em­ployee and the police are called in, the employer must still take reasonable steps to stop the harassment and prevent another assault. It’s not enough to rely on the police to take care of the problem.

Resolve every sexual harassment complaint ASAP. That way, it won’t come back to haunt you.
The best defense against any sort of discrimination claim is to treat every employee the same.
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