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.

Cantor Fitzgerald faces a discrimination and retaliation lawsuit filed by a black former employee who claims he was fired for complaining about race bias at the Manhattan-headquartered investment banking firm.
Townsend Oil and Propane bought Nichols Oil & Gas in Macedon seven years ago. Turns out, the company also bought liability for harassment committed more than a decade ago by the former owner.
Because of their youth and inexperience in the workplace, teenage workers are uniquely vulnerable to sexual harassment. It’s your responsibility to prevent harassment—and investigate it if it does occur.

Employers that adopt a proactive approach to stopping and preventing future racial hostility at work are best positioned to win hostile work environment lawsuits. Ignoring obvious signs of workplace trouble won’t make it go away and will only encourage further harassment.

Here’s an important reminder for employers when an employee alleges discrimination. Regardless of the merit of the original claim, remind supervisors they can’t retaliate.
Employees who complain about alleged discrimination are protected from retaliation—up to a point. Frivolous complaints don’t count.
Here’s a cautionary tale about tolerating a racially hostile comment, yet then agreeing that the comment was outrageous. Employers can’t have it both ways. Either the comment was grounds for discharge or it wasn’t really that severe.
Sometimes, when investigating serious charges against an employee, it’s best to temporarily suspend him. If you use this approach, always do so uniformly and apply the same rules to similarly situated workers. Don’t, for example, suspend some with pay and others without.
Courts are consistently hesitant to second-guess well-founded employment decisions. Of course, they won’t let you get away with discriminating or retaliating against an employee for filing an EEOC complaint or lawsuit. But that doesn’t mean you can’t discipline an employee if she needs prodding to meet your legitimate expectations.
MKB Construction has settled charges it retaliated against an employee in El Paso after he complained of sexual harassment on the job.