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.
A request for indefinite leave can sink more than an ADA claim. A federal court has dismissed an age discrimination case because the employee could not say when he would be able to work again.
Simply put, a bad review all by itself isn’t usually grounds for a lawsuit in most cases. However, punishing someone with a bad review because they complained about discrimination may land you in legal trouble.
This conclusion is the opposite of that reached by four other circuits. Governmental entities with fewer than 20 employees in the 9th Circuit should seek legal advice to ensure they understand their ADEA obligations.
Under some circumstances, making an employee move to a different job location can be viewed as an adverse employment action. However, minor inconveniences don’t cut it.
In a case likely to be appealed, the EEOC has lost a bid to have federal courts within the 8th Circuit consider request for religious accommodation to be protected activity.
It’s unusual, but sometimes workers claim that being forced to attend a training session was discrimination.
Some employees think that if they point out racial homogeneity in a particular office or function, they will be able to persuade a court that they have been discriminated against—even if they have no proof that anything bad happened to them.
Smart employers make sure they document—in advance—the underlying reasons for any disciplinary actions. When preparing documentation, be sure to provide all the details, especially if two employees committed arguably similar offenses but were punished differently.
When Kenneth, who is black, complained that his co-workers used a white hood to harass and intimidate him, management told him the incident was meant as a joke.
Generally speaking, the law does not tolerate inconsistency very well. That’s one reason it’s so important to be careful about how you explain someone’s termination. If your story changes, don’t be surprised if it winds up being used against you.
Employers don’t have to create a perfect workplace that’s completely free of harassment. They merely have to respond to reported harassment in a way that’s calculated to stop it fast.
Courts seldom give much weight to complaints about general disrespect, micromanaging supervisors or impossible workloads unless it is quite clear that those conditions are meant to punish protected activity or are reserved for members of a protected class while others aren’t targeted.
Out-of-state entities with the power to dictate a New York employer’s hiring and retention policies take notice: You can be subject to liability under the New York Human Rights Law if you “aid and abet” discrimination against individuals who have a prior criminal conviction, even if you are not the direct employer of those individuals.
A former employee who previously lost a sexual harassment lawsuit against her employer has now lost a bid for a new trial.
Some employees may not realize it, but filing an internal discrimination or harassment complaint doesn’t create immunity to legitimate, unrelated discipline.
It happens all too often: A bully boss yells, berates, pushes and prods older employees more than other staff members. The 9th Circuit Court of Appeals has concluded that resigning under such circumstances is a reasonable response and amounts to a constructive discharge.
The Texas Supreme Court on June 30 threw out a lower court ruling that said spouses of gay and lesbian public employees are entitled to government-subsidized same-sex marriage benefits.
On average, earnings for disabled employees are more than 30% lower than employees without a disability.
California’s Fair Employment and Housing Council has proposed new regulations that seek to expand and clarify the definition of national origin discrimination.
The Texas Supreme Court has ruled that a long-simmering sex and racial discrimination lawsuit filed by former University of Texas women’s track and field coach Bev Kearney can proceed.