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.

The Equal Pay Act (EPA) requires that men and women in the same workplace be given equal pay for substantially similar work. If you discover a pay disparity between substantially similar male and female employees, fix the problem right away to let women catch up. Don’t use pay policies as an excuse to slow the process.
On June 12, the New York Court of Appeals held that the New York State Division of Human Rights does not have jurisdiction over discrimination and harassment complaints filed by public school students under the New York Human Rights Law.
In Litton v. Talawanda School Dis­­trict, a demoted and transferred custodian sued his employer for age and race discrimination. In Litton, did the 6th Circuit unwittingly create a cause of action for benign discrimination? Or, is this case an aberration that future courts will distinguish and disregard?
When an employee approaches you about a religious need that requires accommodation, make sure you consider all the details. Don’t rely on a standard response.
Q. Other than race, ethnicity, national origin, religion, sex, age and disability, are there any other protected classifications under Texas law that might limit an employer’s right to terminate an at-will worker employed?
Marymount Manhattan College’s refusal to hire a 64-year-old choreography instructor for a tenure-track position has left the New York City liberal arts school tap dancing around age discrimination charges.
Some employees who are being sexually harassed may be embarrassed or reluctant to talk about it. Rather than come out and say what happened, they beat around the bush. Smart employers document how they handle vague complaints—and take them just as seriously as other complaints.
An electrician with 25 years of service to the Plano Independent School District has sued, alleging he was fired because of his age, not because the district needed to cut staff.

If you set rules for employees to follow, then make sure everyone in the organization follows them. That includes supervisors. Otherwise, your policies aren’t worth the paper they are written on.

Some supervisors are more forgiving than others. Many times, that means a marginal employee may never improve until a new supervisor arrives and insists on better performance. If that happens and the employee struggles to rise to the occasion, be careful before you terminate her.