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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.

A federal court considering the question for the first time has concluded that workers over a certain age can challenge the disparate impact a reduction in force may have on that age group.
A good attorney will urge a discharged employee to try to remember any problems she had at work. Any perceived unfairness then becomes part of the employee’s lawsuit. The more grievances, the more likely that at least some of the complaints will make it to court, even if other claims are tossed out. That’s one more reason to deal immediately with workplace problems that crop up ...
Employers that keep detailed disciplinary records showing exactly why an employee was disciplined are much more likely to win lawsuits. That makes it harder for an employee to argue he was singled out for unfair, discriminatory punishment.
Employees sometimes don’t agree with the way their union resolves complaints. But that doesn’t mean they can sue the union under the Cali­­for­­nia Fair Employment and Hous­­ing Act. They must use federal law as the basis for their lawsuits.
Employers that are prepared to offer cold, hard facts to de­­fend their decisions—even those that may look suspicious at first glance—rarely lose lawsuits. The more objective the business reasons you have for personnel decisions, the better off you are.

Let’s say one of your employees complains she’s been sexually harassed. If you conclude she may be right, it’s time to come up with an effective remedy. The harassment has to stop. If it doesn’t, it’s almost certain you will be sued. The key is following up with the complaining employee.

New, official EEOC guidance reinforces the commission’s view that using criminal histories to screen out job applicants can violate Title VII of the Civil Rights Act by having a disparate impact on minorities.

Employees who quit and sue have a tough case to make if they allege they had no choice but to quit because conditions were so terrible. First, they must demonstrate that poor treatment created a hostile work environment. However, they must also show an additional, aggravating factor ...

Here’s a lesson learned from an employer that responded correctly when an employee complained about sexual harassment. Not only did it conduct a thorough investigation that helped it win a lawsuit, but it also prevented another potential sexual harassment claim when it discovered even more egregious behavior—from the original complainant himself.
Retail giant Dollar General faces a retaliation suit after it fired two workers from its store in Marion.