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.
Isolated sexual comments over many years just aren’t enough to warrant a lawsuit, even if more than one employee alleges it happened to her.
Sure, change is hard, and some alterations may irritate some employees. That doesn’t mean they can sue.
In early April, two major news stories broke on the employment law beat. There is reason to believe the two developments will soon converge.
While family caregiver discrimination is not a new protected category (and no federal law expressly prohibits employment discrimination against caregivers), a number of laws provide protection for employees with caregiving responsibilities.
Say a manager claims a subordinate broke the rules and wants him fired. Don’t just take the boss’s word for it and rubber-stamp that termination recommendation.
If you learn that a supervisor who wants to fire an employee has made sexist comments about her, think twice about that termination.
To win an Equal Pay Act claim, an employee must show that a similarly situated employee of the opposite sex was paid more. It’s not enough to merely claim that one sex generally earned more.
Simply having a sexual harassment policy doesn’t mean employers can ignore harassment they learn about via avenues that aren’t prescribed in the policy.
United Staffing in Fresno has agreed to settle charges it retaliated against an employee for filing a discrimination charge.
While the Trump administration may withdraw executive orders issued by the prior administration, the EEOC is moving ahead with its interpretation that sexual orientation discrimination is illegal under Title VII.
Proposed EEOC enforcement guidance on unlawful harassment issued in January emphasizes that employers should take a proactive role in preventing harassment, as well as in effectively identifying and eradicating harassment if and when it occurs.
It remains a hotly debated issue whether Title VII makes discrimination on the basis of sexual orientation illegal. Thus, anti-gay bias in the workplace remains a potentially serious problem for employers.
Employers face liability if they spot racial harassment at work and don’t take reasonable steps to stop it. Don’t assume the problem will go away on its own—or that workers who experience harassment will indefinitely tolerate a hostile environment.
Federal legislation addressing compensation inequality between men and women is unlikely in this Congress, but several states and municipalities are taking up the cause.
Beware making exceptions to the rules. That can look like discrimination if a disgruntled employee who doesn’t receive the same exception spots a pattern suggesting unfair favoritism.
The House Committee on Education and the Workforce has passed legislation that would allow employers to force employees to undergo genetic testing related to wellness program health assessments.
The first black firefighter in the Irving, Texas Fire Department is suing the department, claiming it promoted a less qualified white applicant to assistant fire chief.
State Sen. Eric Johnson has introduced legislation that would bar employers from asking for an applicant’s salary history before making a qualified job offer that includes a proposed salary.
The threat of even a small class-action lawsuit can rattle the coolest of HR pros and the attorneys with whom they work. Imagine being sued by 69,000 current and former employees!
Absent other evidence of sex discrimination, such as unequal pay or disparate treatment, a few comments or looks don’t create a sexually hostile environment.