Discrimination and Harassment — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Page 10
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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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Some supervisors are more demanding than others. That’s no reason to sue, as long as the boss heaps demands equally on everyone, regardless of protected characteristics.
The chief executive officer of Special Education Associates, a Brooklyn provider of education services for developmentally delayed pre-school children, cost the firm $57,000 for his attempt to woo a job applicant.
When a fired employee claims he was the victim of discrimination, be prepared to show that the real reason for termination was poor performance. That requires keeping detailed documentation of any work deficiencies.
A woman who was offered an insurance job asked about maternity benefits because she was pregnant. Minutes later, she received an email revoking the offer.
The 9th Circuit Court of Appeals has concluded that employers are free to use past pay as the starting point for a compensation offer as long as they can justify the practice as having a legitimate business purpose. That’s true even if using past pay ends up perpetuating past pay discrimination.
Here’s an important reminder to pass along to your organization’s supervisors: While pregnant employees who experience complications may be temporarily disabled and entitled to reasonable accommodations, never assume an employee has limitations just because she is pregnant.
By now, managers and HR reps probably know to avoid writing anything on applications or résumés that could be interpreted as discriminatory based on race, sex, religion, age or disability. It’s also unwise to attach sticky notes that imply bias.
Downhole Technologies in Houston will pay $120,000 to settle charges it retaliated against a black employee after he complained of harassment.
In the world of controversial show host Bill O’Reilly, personal responsibility has given way to excuses and coddling, prompting the question: Where is good, old-fashioned comeuppance when it is needed? In O’Reilly’s case, we now have an answer to that question.
U.S. Tubular Steel Products in Houston will pay a former applicant $150,000 in damages after it refused to accommodate his religious beliefs during a pre-employment drug test.
Courts are currently working out whether discrimination on the basis of sexual orientation is sex discrimination under Title VII. However, that’s not the only way to challenge anti-gay bias.
Palantir Technologies in Palo Alto has agreed to settle charges it discriminated against Asian applicants who sought engineering positions at the tech firm.
The owners of 13 Italian restaurants in Chicago have agreed to pay $1.9 million to settle an EEOC class-action suit alleging they routinely refused to hire black job applicants.
If an employee complains about discrimination, make sure any subsequent discipline is well justified. Sudden discipline against a worker whose record was previously clean can be viewed as retaliation.
The wage gap between men and women is established early in workers’ careers and increases “considerably” in the first 20 years of their working lives, according to new research published by the National Bureau of Economic Research.
A  Pennsylvania woman is suing her former employer claiming she was discriminated against because of her transgender status. The case is making news not just because it involves transgender rights, but because of the unique legal arguments it raises.
The Minnesota Supreme Court has remanded a case involving pregnancy discrimination. The trial court will have to decide whether an employer revoked a job offer due to pregnancy.
The 2nd and 7th Circuits have recently issued conflicting rulings, with the 2nd Circuit holding that sexual orientation discrimination is not sex discrimination within the meaning of Title VII, and the 7th Circuit holding the opposite.
The EEOC receives over 30,000 harassment complaints each year, and that may just be the tip of the iceberg. One EEOC-com­­missioned survey found that three out of four employees who experience harassment never complain through their employer’s established channels.
Remember, employers can be held liable for managerial harassment, even if they’re unaware that anything wrong is happening. Show your good-faith effort to prevent harassment by documenting that you provided training to new managers.
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