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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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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.
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