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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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If a supervisor believes an employee has such a negative attitude that it warrants firing, do your HR duty! Immediately ask for documentation of the problem. It can’t wait until after the termination occurs. After-the-fact, subjective assessments may not survive a court challenge.

To prove age discrimination, a fired employee must be age 40 or older and show that she was replaced by someone under 40 who was less qualified. Marcy Starnes, who managed the Carmel Cinema in Putnam County, didn’t have to look far to find her replacement. It was her daughter.
Philadelphia-based Imperial Security will pay $50,000 to settle EEOC charges it discriminated against a woman and fired her because of her religious attire.
The federal Office of Federal Con­­tract Compliance Programs is suing New York Mills-based Lund Boat Co. and parent company Bruns­­wick Corp., alleging discrimination against women in its hiring practices.
Many employers wrongly assume that they can automatically terminate an employee once she used up her 12-week entitlement of FMLA leave. Such a policy could spell trouble.
A former manager at a Pittsburgh-area Panera Bread shop is suing the chain, claiming he was fired in retaliation for refusing to implement his boss’s racist directive.
Ignoring an employee’s persistent complaints that she’s being paid less than her male counterparts may amount to a willful violation of the Equal Pay Act (EPA). And willful violations add a year onto the two years of back-pay liability.

The Pennsylvania Human Rela­­tions Act makes it illegal for employers to subject employees to sexual harassment. But what if an employee harasses someone who does not work for the company? Does that make the em­­ployer liable? One court says no.

The federal Equal Pay Act (EPA) is supposed to ensure that men and women doing the same job aren’t paid differently based on their sex. But employees can’t win EPA lawsuits simply by comparing their rates of pay and job titles. Lots of factors unrelated to gender may in­­fluence pay.
A group of seven San Francisco janitors will split $180,000 to settle an EEOC lawsuit that alleged ABM Industries discriminated against His­­panic employees and retaliated against those who filed discrimination complaints with the EEOC.
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