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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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If men and women do the same work, you must pay them equally.

The Trump administration is increasing protection for workers who object to assignments and other conditions of employment based on their religious beliefs.

Document all employment decisions with objective factual information. It’s the best way to win lawsuits filed by employees who believe they have suffered discrimination but can’t provide any specifics to back up their allegations. In court, facts almost always triumph over feelings.

Employers aren’t expected to create perfectly harmonious workplaces. However, they do have an obligation to use their best efforts to intervene when co-workers harass someone on the basis of protected characteristics.

Employers that take prompt action after learning about sexual harassment generally won’t be held liable, as long as the harassment actually stops.

Confidential sexual harassment settlements will cost more under tax reform legislation enacted at the end of December.

Smart employers always make employment decisions based on solid, business-related reasons. Then they document the decision-making process.

In order to get past the first stage of a discrimination lawsuit, a worker has to present at least a prima facie case showing that something discriminatory may have occurred.

Some workers may feel that being given a difficult assignment is discriminatory, especially if others outside the worker’s protected class don’t have to do similar work. Having a business-related reason for the assignment will persuade a judge that discrimination wasn’t a factor.

Former “Prairie Home Companion” host Garrison Keillor alleges his firing from Minnesota Public Radio was completed without a proper investigation of sexual harassment allegations made against him.

The GEO Group, which operates private prison facilities in the United States and several other countries, agreed to pay more than a half million dollars to alleged victims of sexual harassment. In exchange, the EEOC agreed to end efforts to litigate the charges.

Sexually offensive material appears all too often in some workplaces. When that happens, get rid of it! Immediately! That way, there is less chance that someone will later be able to successfully allege that the graffiti or scribblings created a hostile work environment.

A federal court hearing a case brought by the EEOC against a Texas county has allowed an alleged victim of discrimination to add additional charges in an Equal Pay Act case the EEOC is already litigating. As a practical matter, that means the employer will have to fight even more attorneys while defending its pay practices.

Just over a quarter (25.7%) of alleged sexual misconduct that occurred in the workplace was reported to HR.

A clothing distributor in Manhattan’s Garment District has agreed to pay a former employee $50,000 to settle charges it discriminated against her because of her pregnancy.

If you have moved most of your recruiting and hiring processes online, you’re in the sights of watchdogs looking for hidden or intentional age discrimination.

Unsuccessful applicants often believe they didn’t get hired because of some form of discrimination. You had better be ready to show that the person you hired was clearly better qualified. If you can do that, chances are a discrimination lawsuit will be tossed out fast.

A federal court has dismissed a lawsuit alleging a hostile work environment based on sexual orientation, despite the EEOC’s position that sexual orientation discrimination is sex discrimination under Title VII.

Employees who sue for wage discrimination under the Equal Pay Act have a tough burden of proof to meet.

The #MeToo movement is expanding, and employers have a new worry: A group of wealthy Hollywood stars, producers, directors, writers and agents have added #TIMESUP to the anti-sexual harassment social media conversation. Employers are the target.

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