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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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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.
Generally, if an employer operates in a fair and equitable fashion, there’s very little room for an employee to file and win a discrimination lawsuit. But how can HR know whether supervisors are imposing balanced discipline without regard to race, sex, religion or other protected characteristics?
You may see more older workers seeking open positions in your organization. How you treat those applicants can mean the difference between winning or losing an age discrimination lawsuit.
The 8th Circuit Court of Appeals has ruled that an economic downturn cannot be used as an excuse to justify continuing unequal pay under the Equal Pay Act.
Business is booming, so you’re adding hours. That’s great news for everyone—except Joe, one of your top employees. He says he can’t work the company’s new mandated Saturday shift. His religion won’t allow it, he says, and he wants an accommodation.
Former employees don’t need much evidence to get through the first phase of a discrimination claim. A few allegations are all that’s necessary.
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