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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While some federal and state laws allow employees to personally sue their super­visors or an HR professional, that’s not the case for Title VII of the Civil Rights Act. Only employers can be liable for discrimination covered by that section.
Do you have supervisors who are constantly nagging subordinates about their health, weight, condition and inability to keep up with younger employees? That’s a huge age discrimination red flag that demands immediate action.
Fifty-six senators have said they will vote for the Employment Non-Discrimination Act (ENDA) if it comes up for a vote this month.
Don’t worry too much if a sensitive soul finds the workplace unpleasant. Absent tangible, objective evidence that an environment is truly hostile, her lawsuit won’t go far.

Unfortunately, some applicants don’t take rejection well. That’s why you need to document what you did with each application. Something as simple as the fact the applicant didn’t fill out the form completely may help you if you’re sued.

While most employers have to follow federal and state anti-discrimination laws, there is a limited exception for religious organizations. Under the ministerial exception, an employee hired to preach the organization’s religious beliefs can’t sue for discrimination.

A DOL judge has shot down a discrimination complaint against Winston-Salem-based VF Jeanswear Limited Partnership, claiming it discriminated against “non-Asians” in its hiring practices in violation of Executive Order 11246, which forbids racial discrimination in hiring for government contractors.
Employees who want to sue for age discrimination have to show that an adverse employment action—such as discharge, demotion, a pay cut or other substantial benefit loss—was connected to their age. Merely being moved to another shift doesn’t qualify.
An angry judge has ordered the EEOC to pay $4.7 million in legal fees incurred when the national trucking firm CRST had to defend itself against a flurry of sexual harassment suits, many of which eventually turned out to be baseless.
You may think that an employee who admitted to bringing a racy photo to work and showed it around couldn’t later complain when she became the target of sexual harassment. You would be wrong.
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