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.
If you sometimes need temporary help, you probably turn to companies that hire and manage day laborers. Keep the relationship strictly professional to avoid potential liability as an employer. Instruct supervisors to defer any questions on pay, hours and potential hiring to the temp agency and remind them not to promise anything.
When an employee complains about sexual harassment, how you handle it makes a big difference. If you ignore the complaint—or worse, blame the victim and punish her—you’re risking a laundry list of claims under federal and state laws.
If you don’t terminate an employee for an obvious firing offense but later use that reason to justify a discharge, you’d better have a good explanation for the delay. Otherwise, a jury may see the move as a pretext for some form of discrimination.
Don’t let what you know is a meritless complaint keep you from disciplining an employee. If you can show the process was already under way and you had a solid business reason, go ahead and discipline the worker.
Employers that always have a clear and solid business reason for discharging employees seldom lose discrimination cases. That’s because even if a protected class member is affected, it’s very hard to counter the employer’s claim it terminated the employee for legitimate nondiscriminatory reasons.
Good news if you’re worried about firing an employee who has filed a sexual harassment complaint. If your investigation concludes the complaining worker was also partly at fault, he won’t be able to win a wrongful discharge case—unless he can prove that his underlying complaint was a “substantial motivating reason” for his termination.
Gov. Tom Corbett told the Philadelphia Inquirer that he supports a bill extending anti-discrimination protections to lesbian, gay, bisexual and transgender workers.
Q. Are active duty military and veterans considered a protected class?
Ten states—mostly home to the nation’s largest cities or located in the South—accounted for 56% of all EEOC charges filed in 2013.
Sedona Staffing and several associated firms have agreed to settle a flurry of discrimination charges with the EEOC.