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.
Q. We have an employee with a disability who has requested to work from home part time as an accommodation for her disability. Are we required to grant this request?
Even a small gender-based pay differential may become the foundation of a class-action lawsuit.
Sometimes, like life, supervisors are unfair. But unless there’s some other problem, being treated unfairly isn’t grounds for a lawsuit. Employees have to show that something illegal motivated the unfairness, such as racial or gender bias. Just saying that was the reason isn’t enough, either.
Have an adequate but not outstanding employee? Be careful if he engages in some form of protected activity. Suddenly deciding he’s not good enough may spark a retaliation lawsuit.
Employers shouldn’t worry too much about firing an employee they believe sexually harassed another employee. As long as you conduct an investigation and reasonably believe the employee broke company rules against harassment, a court likely won’t second-guess your judgment. You don’t have to be absolutely right… just honest.
Sometimes, employees complain about racial harassment but don’t sue right away. Don’t think the problem will go away just because no one has filed an EEOC complaint.
A woman doesn’t have to be pregnant to sue for discrimination under the Pregnancy Discrimination Act. Wait, what?
Q. An employee recently filed suit claiming race discrimination. What kinds of damages can he sue for, and what compensation could he receive?
Q. Jim has been a security guard for my company for over 20 years, and has always performed his duties without problem. Since his 60th birthday a few years ago, however, Jim has become steadily less able to walk the required distances during his rounds, and has also been forgetting crucial requirements of his position. Am I allowed to discharge him?
Here’s a big reason to ban supervisor/subordinate relationships: When those affairs end, trouble for employers often begins. The subordinate, who may have been a willing participant, may now claim she was being sexually harassed. Or the supervisor may punish the subordinate for cutting off the relationship. Either way, there’s probably a lawsuit coming.