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.
All too often, sexual harassment involving just two people devolves into a he said/she said stand-off. But if the alleged harassment occurs at work, you must act to stop it or you’ll risk liability. Fortunately, you don’t have to be absolutely right about what happened.
Hiring rules that end up excluding many applicants who belong to a protected class can spell big trouble. That’s because if the rule has a disparate impact on any particular protected class, it may be invalid and could become the basis for a lawsuit. At a minimum, be prepared to show that the rule is based on business necessity.
When the North Carolina Legislature saw fit to enact the North Carolina Equal Employment Practices Act (NCEEPA), it didn’t go the extra step and authorize individual employee lawsuits to enforce those rights. Instead, the law is just a declaration that discrimination prohibited by federal law also violates public policy.
It’s protected activity if a manager reports to HR that another manager has been treating subordinates who belong to a protected class more harshly than other subordinates. Punishing the reporting manager for doing so could be retaliation.
Here’s a bit of good news for employers on the losing end of an EEOC determination that an employee’s discrimination complaint has merit: That determination isn’t the final word—and it doesn’t carry much weight in court. The employee won’t be able to use the determination to prove bias.