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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.

Sometimes, sexual harassment happens after hours, not in the work­­place. But if there’s a sufficient connection to work, employers may still be liable.

When employees face discipline (or fear they might be punished soon), they’ll often file a preemptive EEOC complaint. Then, when discipline comes down, they argue that it was in retaliation for complaining. To make such a case, an employee must show that the people involved in the discipline knew about the complaint. If they didn’t, there can be no retaliation.

Your organization will be sued at some point. That’s why you should make sure every employment decision is backed by good judgment. Document the decision for later use.
Courts have spent considerable time sorting out the impact of Title VII on defined-benefit pension programs. Does an employer have to equalize the total amount male and female retirees receive? The answer is no.
There is no constitutional right to a free attorney in employment dis­­crimination cases. Unless a so-called pro se litigant can show the court that his claim clearly has merit, he’ll have to serve as his own lawyer.
When the EEOC closes a case and sends the employee a right-to-sue letter, the employee has just 90 days to file a federal lawsuit. The clock starts ticking the day he receives the letter.
Having rules against fighting doesn’t necessarily make it easy to punish employees when punches fly. The best approach: Figure out who did what to whom, and in what order.
A federal district court has ruled that the federal Defense of Marriage Act (DOMA) violates the equal protection clause of the Constitution by prohibiting California same-sex couples from signing up for long-term care insurance through the California Public Employees’ Retirement System.

Reasonable employers always fare better in court than unreasonable ones. That’s one reason to keep care­­ful disciplinary records showing every­thing you did to help an employee perform well despite obvious problems. If he’s ultimately terminated, the court probably won’t second-guess the decision.

It’s usually enough for an employee to file a complaint with the EEOC, which is supposed to forward the case to the appropriate North Carolina state agency. But what happens if the EEOC never forwards the complaint?