Discrimination and Harassment
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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.

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Here’s an important message for employers that may be considering rehiring someone who was fired after being accused of sexual harassment: There could be severe consequences, including, under Pennsylvania law, potential personal liability for the individual responsible for the rehiring decision.

U.S. Sen. Kirsten Gillibrand (D–N.Y.) has introduced legislation that would bar employers from including sexual harassment or gender discrimination claims in mandatory arbitration agreements. Identical legislation has been introduced in the House of Representatives.

A panel of the 6th Circuit Court of Appeals has ruled for the first time that discrimination on the basis of transgender and transitioning status violates Title VII of the Civil Rights Act.

Employees who receive their EEOC right-to-sue letter have just 90 days to file a federal lawsuit. Advice: Note that deadline as soon as you receive your copy.

Employers that have actual knowledge that a hostile work environment exists can’t get off the hook by claiming a worker failed to use an established system for reporting harassment.

There’s aren’t many ways for an employer to defend against allegations that a supervisor sexually harassed a subordinate. But a careful investigation may uncover evidence that the relationship was wholly consensual, which may help.

Employers sometimes forget that in addition to offering reasonable accommodations for people with disabilities, they have a similar obligation to reasonably accommodate employees’ religious practices.

Employees who engage in so-called protected activity under Title VII cannot be retaliated against for doing so. But the definition of protected activity is narrow.

Workers whose obesity has physiological causes are protected from discrimination and harassment under the California Fair Employment and Housing Act. Super­­visors who discriminate against those workers may face liability.

The 5th Circuit Court of Appeals has refused to overturn a $150,000 jury verdict against a real estate developer. A female sales associate had filed the complaint after her employer transferred her to a less lucrative development, resulting in a significant pay cut.

One third of employees report that they don’t believe their employer’s sexual harassment policy is effective.

In a groundbreaking decision, the 2nd Circuit Court of Appeals has ruled that the Title VII provision that prohibits sex discrimination also makes it illegal for employers to discriminate against gay employees.

Sometimes, you may want to use a last chance agreement to give a worker who violated your rules a second chance. Make sure supervisors know about it so they can be on the lookout for potential problems.

Some former employees who sue over alleged discrimination try to discredit their employers’ explanations for discharge. Even so, employers have a great deal of flexibility about how they explain the reason an employee was fired.

Vague sexual harassment allegations aren’t enough for lawsuits.

While motivation for this new provision was a well-intentioned nod to the #MeToo movement, it may have unforeseen consequences. 

The EEOC has released its Strategic Plan for Federal Fiscal Years 2018–2022, the first such plan of the Trump administration, under the leadership of Acting EEOC Chair Victoria Lipnic.

The #MeToo social media movement has been wildly successful at shining a spotlight on the sexual harassment women often experience at work. Now the EEOC has begun using #MeToo in press releases announcing sexual harassment litigation.

When a sexual relationship between a supervisor and a subordinate ends, there’s likely to be trouble in the workplace. If the subordinate is complaining about how her former lover is treating her at work, the only safe course of action is to remove the supervisor entirely.

Former employees who sue over their discharge sometimes try to use their employers’ shifting explanations for the termination as evidence that they were fired for discriminatory reasons.

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