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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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L.A. Lousianne, a Los Angeles jazz club, is headed to court after the EEOC filed a lawsuit alleging violations of the Pregnancy Discrimination Act.
Since fiscal year 2010, the EEOC has collected an average of $42.2 million per year on behalf of sexual harassment victims.
Here’s an important reminder to pass on to supervisors and managers. Don’t comment on a subordinate’s accent or mispronunciation of common words. Doing so can create a hostile environment based on national origin. The same goes for comments about an individual’s ability to hear.
When harassment isn’t obvious in the workplace, the worker who later claims to have been harassed has an obligation to at least complain and tell the aggressor his behavior is unwelcome. Make sure you warn supervisors to guard against such attitudes.
The EEOC has begun arguing that acting against someone who fails to conform to gender stereotypes is a form of sex discrimination.
It is crucial for HR to follow up regularly with a worker who has complained of discrimination to see if she has any possible retaliation to report. Something seemingly as minor as a changed schedule or slightly reduced hours can be grounds for a retaliation lawsuit.
Women are substantially more likely than men to say gender discrimination is a major problem in the technology industry.
A new survey by the Ernst & Young consulting firm found that 32% of men in general feel excluded in the workplace.
Six current and former female employees of New York City’s Plaza Hotel have filed suit, alleging they were subjected to “outrageous and incessant sexual harassment and assault by senior management and their male counterparts” and that hotel owners refused to respond to their complaints.
Before an employee can sue his employer for discrimination, he usually has to show that he was subjected to some sort of adverse employment action. Under the right circumstances, that can include being moved into a position the worker considers demeaning, such as being forced to work for someone he once supervised.
When it comes to Title VII discrimination, an employer can’t sue another organization on an employee’s behalf. That’s up to either the individual worker or a government agency like the EEOC, which has standing to pursue such cases for workers.
When responding to a harassment complaint, be sure to let the worker who complained know what steps you are taking. Acting behind the scenes while telling your employee to “deal with it” himself is one of the worst things you can do. That’s courting a retaliation lawsuit.
Employees who are fired for misconduct can’t collect unemployment compensation. Generally, any action that violates a known company policy qualifies as misconduct.
Three Trump administration policy reversals issued over the course of two days in early October could quickly begin affecting the HR practices of employers nationwide.
It goes without saying that you must handle with care any situation in which an employee accuses another of sexual assault. Any hint that you are treating the victim less favorably than the alleged perpetrator can lead to a hostile work environment claim.
Employers generally don’t have to tolerate racially hostile or otherwise offensive language at work. But under some circumstances, you may not be able to discipline a worker’s behavior if it occurred on a picket line.
The EEOC has sued Denton County, Texas, alleging its health department violated the Equal Pay Act when it paid a female doctor less than a male colleague who performed substantially the same work.
For an applicant to sue under Title VII, she can’t merely allege that she suffered because of having a criminal record.
Sometimes, managers make decisions based on outmoded notions of women, their role in society and their commitment to their families versus their work and employers. Make sure you warn supervisors to guard against such attitudes.
A Minnesota company has agreed to settle charges that it allowed a white supervisor to harass two black carpenters with a steady stream of racial epithets and death threats.
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