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.

Employees who sue for age discrimination under the ADEA must prove that, if not for illegal age discrimination, their employer wouldn’t have taken an adverse employment action. That’s why, when age may be an issue, em­­ployers are better off having several good reasons for terminating the employee.
Under the federal Lilly Ledbetter Fair Pay Act of 2009, employees who believe their paychecks reflect a discriminatory pay decision made years or even decades ago can still sue. But that principle doesn’t apply if an employee pursues a state pay discrimination claim under the Texas Commission on Human Rights Act.
A federal court has ruled that a two-year gap between an employee’s discrimination complaint and alleged retaliation is too long. Otherwise, employers could face retaliation claims years or even decades after resolving an original complaint.
Lexington’s Silver Diner faces an EEOC lawsuit alleging sexual harassment and retaliation against a former employee.

Some employees think that teasing each other—even about sensitive topics like race—is perfectly fine. But sometimes joking escalates to the point where what was once tolerated or even welcomed crosses the line. How you handle those situations can mean the difference between winning or losing a reverse-discrimination case.

Life can be unfair and the workplace is no exception. Sadly, employers can’t stamp out all unfairness.
A Greensboro-area Bojangle’s restaurant has agreed to pay $33,426 to a former female employee after she was harassed, retaliated against and fired for refusing her manager’s advances.
Good news for employers and supervisors worried about whether the Genetic Information Non­dis­­crimi­­na­tion Act expands individual liability and allows employees direct access to court. The answer is no.
Some government agencies and utilities have special-duty assignments—units that are called out in emergencies or during busy times. While serving on such a team may be prestigious, not being selected isn’t usually grounds for a discrimination lawsuit.
Is your sexual harassment policy up-to-date? If it has been gathering dust and is largely ignored, you are creating possible co-worker sexual harassment liability.