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Discrimination / Harassment

Don’t let xenophobia harm innocent employee

04/01/2015
It’s no secret: International news often upsets Americans, especially since the Sept. 11 terrorist attacks. But frustration about terrorism and other threats shouldn’t be allowed to spill over in the workplace, especially if another staff member is unfairly singled out for abuse based on nothing more than his national origin or religion.

Employers can’t be casual about harassment

04/01/2015
By definition, sexual harassment investigations require a strict level of professionalism that may be at odds with the modern blue jean-clad, open floor plan office. Employees may be reluctant to rat out a co-worker, even if he is a harasser.

Watch out, boss! You can be sued separately

03/27/2015
Generally, all claims arising out of the same set of facts must be brought in one lawsuit. However, in limited circumstances, it’s possible for an employee to file separate lawsuits against their employer—and their supervisor!

Could you be liable for third-party harassment?

03/27/2015
There is only one boss. The customer. But what if the customer or another outsider is harassing one of your employees? Can your organization be held liable?

Cover all harassment in reporting policy

03/26/2015
A recent case shows that the broader your anti-harassment policy, the more protection you gain. Tell employees to report all harassment, not just the sexual kind. Include harassment based on religion, disability, national origin and so on.

New claims can pull in past events in harassment case

03/23/2015
Federal government employees who want to bring discrimination and harassment charges must complain to their agency’s equal employment opportunity officer within 45 days of the alleged event. However, when it comes to so-called continual violations, even one incident occurring within that 45-day period will bring earlier incidents into play.

Heard that story of unfair treatment before? You might be dealing with a serial retaliator

03/23/2015

Ever felt déjà vu when an employee claimed she was suffering retaliation because of a prior discrimination or harassment complaint? If what the employee describes sounds familiar, watch out. You may have a serial retaliator on your hands, and those earlier incidents may end up being used to prove retaliation has occurred again.

Trouble looms when rookie replaces old pro

03/23/2015
Here’s a warning for new supervisors who want to replace long-term employees with individuals of their own choosing: They could be courting a discrimination lawsuit if the replacements belong to a different protected class and aren’t as qualified as those being replaced.

Wipe out overt bias before it’s too late

03/19/2015
Once an employee shows a judge that there is direct evidence she was discriminated against because of her race, it’s too late to come up with much of a defense. That’s why it is crucial to wipe out obvious discrimination once and for all. Don’t ever let a supervisor’s overtly racist comments go unpunished.

ASAP, get rid of materials that might be offensive

03/13/2015
Regularly check your workplace for potentially offensive materials. An isolated incident won’t be held against you, but a pattern of tolerance could be.