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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You don’t have to put up with employees who can’t get along with others, raise their voices, slam doors and generally act as if they could explode into a rage at any moment. Those are legitimate firing offenses.
The 7th Circuit Court of Appeals has concluded that just because an employee who has been demoted received good reviews in the past doesn’t mean that she is still meeting her employer’s legitimate expectations.

Do you regularly audit your HR records for signs of hidden bias? Would you know if members of a particular protected class were getting fewer promotions than others? The start of the new year is the perfect time to identify and correct any problems.

What should you do if one of your employees seems to be having difficulty coping well at work? Start by not jumping to conclusions about his mental health. Instead, focus on behavior and document any apparent problems. Then, based on that observation, consider asking for a fitness-for-duty examination.

Think you can avoid a discrimination lawsuit by making life so miserable that an employee quits, making it unnecessary to fire her? Don’t bet on it.
Hey, it happens: Sometimes, supervisors screw up. Go ahead and discipline them for their mistakes, even if you’re afraid your actions might trigger a discrimination or harassment lawsuit.
Delano Regional Medical Center has agreed to pay almost $1 million to settle a lawsuit filed by the EEOC and the Asian Pacific American Legal Center on behalf of a group of Filipino-American workers.
Women who were sexually harassed while working for Leona’s Pizzeria in Chicago never got their piece of the pie, according to the EEOC. Now the famous chain is being sued to force it to live up to its obligations.

If you offer training to some, you must offer it to everyone else in the same classification who qualifies. Refusing to train some employees may be grounds for a discrimination lawsuit. Prevent such lawsuits by carefully documenting all training offers and how employees respond.

When an employee files an EEOC complaint or lets anyone know he has sued former employers, remind managers not to say anything.
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