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.
If you set rules for employees to follow, then make sure everyone in the organization follows them. That includes supervisors. Otherwise, your policies aren’t worth the paper they are written on.
Some supervisors are more forgiving than others. Many times, that means a marginal employee may never improve until a new supervisor arrives and insists on better performance. If that happens and the employee struggles to rise to the occasion, be careful before you terminate her.
When employees face progressive discipline and think they might be fired, they sometimes suddenly start complaining about alleged sexual harassment. The underlying reason may be legitimate—or it may just be a ploy to stop discipline. It doesn’t mean all discipline has to be put on hold.
All employees are supposed to be treated equitably, regardless of their protected class. But just as each employee is different, so may discipline sometimes differ. To account for those differences, be very specific about the underlying reasons for your discipline.
When two employees break the same workplace rule, the surest way to avoid a potential lawsuit is to punish both exactly the same. However, that’s not always practical or appropriate. That’s especially true if the conduct involved wasn’t exactly the same. Before making any final disciplinary decisions, look at the rule and the specific facts.