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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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When it comes to Title VII’s sex discrimination provisions, we usually think of the law protecting women against gender bias. In fact, men can and frequently do complain to the EEOC about so-called reverse sex discrimination.
Christner Farms in Dawson, in the southwest corner of Pennsylvania, has paid almost $22,000 to settle charges it filled positions with H-2A visa holders but refused to hire a qualified American citizen.
Bad news: A qualified applicant you rejected may be disappointed enough to sue. Good news: Courts aren’t going to second-guess your choice among great candidates unless it is abundantly clear that you rejected someone based on discriminatory intent.
A Colorado baker who was sued for refusing to bake a cake for a same-sex wedding will get to argue his case before the U.S. Supreme Court. The court agreed to hear Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission in the term that begins this fall.
Certainly check to see if the complaint is reasonable and reflects a real workplace problem. But if it’s just a case of peevish griping, you don’t have to bend over backwards to please a malcontent.
Consol Energy, headquartered in Pittsburgh, will pay a former employee $586,861 after the 4th Circuit affirmed a lower court’s ruling that he was forced to retire early when it refused to accommodate his religious beliefs.
The EEOC has sued a Texas school employees’ union, claiming it violated federal law when it fired two black organizers because of their race.
Carolina Creek Christian Camp in Huntsville has agreed to pay $70,000 to settle a pregnancy and disability discrimination lawsuit filed by the EEOC on behalf of a former employee.
When it comes to terminating an employee for poor performance, careful documentation is essential. Make sure you can later explain exactly how you handled the employee’s performance problems.
It’s easier to defeat sexual harassment lawsuits if you have a robust anti-harassment policy and let employees know exactly how to use it. The key is to prove that the worker knew about the policy but failed to use it.
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