For an employee to win a discrimination lawsuit, he has to show that he was qualified for the job he held. Some employers assume that if they disciplined the employee for poor performance, that proves he wasn’t qualified. But a court might not see it that way if you trained and tested him before putting him to work.
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.
It’s great that you have a hostile work environment policy in place and cover it in your training. But none of that will do you much good if supervisors remain oblivious. If hostile acts occur despite your policy, it won’t provide much protection. That’s why you must be proactive.
The EEOC has great power and considerable autonomy when investigating employers. But that doesn’t mean the commission has carte blanche to do whatever it wants. In fact, courts have recently issued rulings that place significant curbs on some EEOC practices.
Employees must file an EEOC complaint before suing their employer over most forms of federally prohibited discrimination. Generally, any claims not included in the complaint don’t count. However, don’t assume that the only parts of the complaint form that matter are the checkmark boxes listing various forms of discrimination.