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.

An Asian couple is suing the owner of a Queens Hooters restaurant after they discovered the word “Chinx” printed in the customer ID field of their take-out receipt.
Not every employee is cut out for management. Someone who was a true asset as a skilled worker may be a bust after being promoted. If that happens in your organization, exercise patience before terminating.
Good news for employers that use a formal process to invite employees to apply for promotions. Employees who don’t follow that process—instead merely telling their boss that they want to be considered—can’t successfully sue if they’re not promoted.
Fry’s Electronics, which operates 17 stores in California, will pay $2.3 million to settle sexual harassment and retaliation complaints arising from incidents at a store in Washington. On a per-claimant basis, the case resulted in one of the largest settlements the EEOC has ever negotiated.
Here’s how to win termination lawsuits: Back up your decisions with solid business reasons for the discharge—especially if you had to let people go to reduce labor costs or otherwise survive financial hardship.
A new fact sheet from the EEOC clarifies that Title VII and the ADA “may apply to employment situations involving applicants and employees who experience domestic or dating violence, sexual assault, or stalking.” You may need to update your anti-bias and anti-harassment training.

Your best defense to a failure-to-promote claim is proof that you posted the job but the employee never applied. But how do you prove that? With a policy that requires posting all internal openings and also requires employees to express their interest by actually applying ...

While you should certainly discourage workplace comments that could be misconstrued as hostile, don’t panic if you learn an insensitive supervisor said something stupid. Unless the remarks were out-and-out racist, chances are they won’t be the basis for a hostile environment racial harassment lawsuit.
If New York employers want to shorten the time frame in which former employees can file lawsuits, they can do so by including a clause to that effect in their employment applications. However, that may apply only to New York state claims, not federal ones.
There are no magic words an em­­ployee has to utter in order to engage in protected activity. As long as what he says would lead a reasonable person to conclude he’s complaining about some form of discrimination, he has protection from retaliation.