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Discrimination / Harassment

Immediately apply your policy to stop harassment before it escalates

11/19/2013
An effective sexual harassment policy that includes prompt investigation of any complaints of physical touching is key to prevailing in a sexual harassment lawsuit. What should your policy include?

11th Commandment: If employee truly believes, thou shalt accommodate

11/18/2013
Federal law says that as long as an employee’s religious belief is “sincerely held”—which is almost impossible to quantify—employers have to look for a reasonable accommodation that meets the em­­ployee’s needs.

Requiring foreign language skills isn’t discrimination

11/14/2013
Do you need some employees to speak a foreign language? Don’t worry that requiring fluency could be viewed as discrimination.

Add failure-to-hire claims to list of employment law issues involving internships

11/14/2013
You have probably read that un­­paid interns are suing ­employers for unpaid minimum wages and winning. Now they’re pushing the envelope even further, trying to get federal courts to hold employers liable for sexual harassment and hostile environment claims, too.

EEOC sues sheet metal contractor for sex bias

11/14/2013
Cold Spring Harbor-based Vamco Sheet Metal faces an EEOC sex discrimination lawsuit resulting from its work on an expansion on the campus of the John Jay College of Criminal Justice be­­tween 2009 and 2011.

Ensure taking leave is employee’s choice

11/14/2013
Forcing someone to take leave when she doesn’t want to can be considered an adverse employment action and become the basis for a discrimination or retaliation lawsuit.

Stop harassment by reining in sexual banter

11/14/2013
A few stray, sexually oriented comments between co-workers aren’t enough to support a full-blown sexually hostile work environment lawsuit. But you can prevent serious legal trouble by stepping in before it gets out of hand.

Handling complaints: Do bosses know chain of command?

11/14/2013
A new court ruling says that even a manager who can’t hire, fire or discipline can still hold a company responsible for Title VII harassment liability if he or she fails to send an employee’s complaint to the correct links on the corporate chain …

Strive for harmony, plan for a lawsuit: Document every complaint as if you’ll be sued

11/12/2013

You probably have a great anti-­discrimination and anti-harassment written policy. Unfortunately, failing to accurately track every employee complaint about these issues could mean your policy efforts will backfire if the dispute winds up in court. How could that happen?

It’s business as usual, even after sex change

11/06/2013
Here’s a tip for handling em­­ployees undergoing sex changes: Make sure the employee isn’t har­­assed and that it’s business as usual in the workplace. Treat the employee as you always have and don’t fear legitimate discipline or an evaluation based on performance.