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.
Employers are often reluctant to raise concerns over the impact of an employee’s religious practices. Those issues generally aren’t considered to be job-related, and the fear is that addressing them might cause a discrimination lawsuit.
Employers can’t control everything—including situations in which customers harass employees. As long as you take reasonable measures to prevent or stop blatant harassment, a single incident won’t mean you will be liable for customer harassment.
Supervisors and HR walk a legal tightrope when discussing retirement plans with aging workers. If it appears you’re pushing an employee out the door based on his age, you’ll be setting yourself up for an age discrimination lawsuit.
The U.S. workforce is in the midst of a sweeping demographic makeover, bringing new ethnic, national-origin and religious diversity—and new legal risks for employers.
Broad discretion about compensation at the bottom of the pay scale usually prevents employees from pursuing a class-action lawsuit similar to the one in the Supreme Court’s 2011 landmark Wal-Mart v. Dukes case. However, all bets are off if the issue is pay for higher-level employees.
Some employees can’t seem to get it together and do their jobs properly. While an underlying medical or psychological problem may be the cause, don’t assume that’s the case if the employee hasn’t asked for help or a reasonable accommodation.
Here’s a tip that can save you from needless litigation: Make sure supervisors don’t play favorites with some employees at the expense of others. You never know which employee will later claim she was excluded from the “inner circle” that got preferential treatment because of a protected characteristic.
A former car salesman who claimed a Cary dealership fired him because it felt selling cars was a “young man’s game” appears to have plucked victory from the jaws of legal defeat.
HR Law 101: A clearly written, thoughtful sexual harassment policy clarifies your position to everyone on your staff, including potential perpetrators and their victims. It also provides solid proof to judges and juries that you’re committed to eliminating and preventing sexual harassment. You may use this model policy or adapt it for your organization.
Ordinarily, the ADA doesn’t protect employees who have temporary physical problems that don’t last long or seriously interfere with their lives. But ailments and conditions that last indefinitely are another matter. That’s especially true for a veteran who the VA has rated as partially disabled by service-related injuries.