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Category Archives: Employee Training Programs

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Yes, the EEOC Can Get All Up in Your Business

Posted in Employee Training Programs, Gender Discrimination, Retaliation, Sexual Harassment

Last week, the EEOC reached a $1.02 million settlement with Vail Run Community Resort Association, Inc. and its management company, Global Hospitality Resorts, Inc.  The settlement came after the EEOC sued based on its allegations that a housekeeping manager, Omar Quezada, repeatedly sexually harassed female subordinates.  The settlement will resolve the claims of 8 female employees. This… Continue Reading

Want to Have a Successful Diversity Program? — Make Sure Everyone is on Board

Posted in Employee Training Programs, General Employment Discrimination, Harassment, Sexual Orientation Discrimination

I recently read an article that Wawa, Inc. has been sued by a former employee who alleges that she was discriminated against on account of being gay.  What was interesting about the article was what she alleged about how the harassment supposedly started. The employee alleges that she participated in Wawa’s Gay Straight Alliance.   She… Continue Reading

Your Employees’ Religious Beliefs Are Not an Excuse for Discrimination

Posted in Employee Training Programs, General Employment Discrimination, Religious Discrimination, Sexual Orientation Discrimination

There has been some immediate fallout from the Supreme Court’s gay marriage decision in Obergefell v. Hodges.  The decision has become a lightning rod for several Republican candidates who have denounced the decision on religious grounds.  Some, such as Ben Carson, have suggested that Congress pass a law protecting people’s religious views.  Of course, there are already… Continue Reading

Confused by Your Obligations to Accommodate Pregnant Employees in the Wake of Young v. UPS? Check Out This Webinar

Posted in Employee Training Programs, Gender Discrimination, Pregnancy Discrimination, U.S. Equal Employment Opportunity Commission (EEOC)

In the vein of a shameless personal plug, I will be speaking as part of a panel in an upcoming Strafford live webinar, “Accommodating Pregnant Workers After Young v. UPS: Navigating New Obligations Absent Clear Court Guidance” scheduled for Wednesday, July 15, 1:00pm-2:30pm EDT. Our panel will discuss how to reconcile the Court’s vague new… Continue Reading

As Seen On TV- How to Handle Employees Discussing Sensitive Current Events

Posted in Employee Training Programs, General Employment Discrimination

While it sometimes may not feel like it, there is a whole world happening outside of the four walls of your company.  Outside of those walls, events take place that capture the attention of the public and become a natural topic of discussion.  Take this week for instance, when civil unrest in Baltimore dominated the… Continue Reading

“Oh Wow, You Look So Pretty I Can’t Even Concentrate” (Part II)

Posted in Employee Training Programs, General Employment Discrimination, Harassment, Sexual Harassment

“Oh Wow, You Look So Pretty I Can’t Even Concentrate” was the title of a post we wrote on August 9th, subtitled:  “Sexual Banter Or Sexual Harassment?” See: http://employmentdiscrimination.foxrothschild.com/2014/08/articles/sexual-harassment-1/oh-wow-you-look-so-petty-i-cant-even-concentrate-mere-banter-or-sexual-harassment/ We decided to survey the attitudes towards “sexual banter” and sexual harassment” in different countries, and began with this article from South Africa.  We received a record number of comments, and… Continue Reading

Despite Employment Discrimination Training, “Human Nature Often Rears Its Ugly Head”

Posted in Employee Training Programs, Gender Discrimination, General Employment Discrimination, General Employment Matters, Harassment, Race Discrimination, Retaliation, Sexual Harassment, Title VII

Last week’s post about blatantly discriminatory job ads in New Zealand elicited a number of comments from folks who could not believe that such ads were actually published.  To remind you, these were some of  the ads: * Young and vibrant waiting staff wanted * We’re looking for vibrant salespeople with a young, passionate energy * If you’re… Continue Reading

“Zero Tolerance” Policy Does Not Absolve Management From Using Good Common Sense

Posted in Employee Training Programs, Harassment

A couple of early comments to our “Zero Tolerance” post earlier this week drew our attention because of the insights shared.  We think that these two comments can be a central point around which an educational discussion/debate can coalesce. Lisa Hutchin, Contractor – Labor Relations in Sacramento, CA: “I think we can have a zero… Continue Reading

ADA Hint: “Focus On Performance Not Assumptions”

Posted in Americans with Disabilities Act (ADA), Disability Discrimination, Employee Training Programs

Last week we reported about the EEOC entering into a consent decree settling a disability suit for $30,000.  The suit was against a Minneapolis-area home health care provider for failing to provide a reasonable accommodation to a housekeeping employee who suffered from fibromyalgia and osteoarthritis — and then firing her. We stressed a few major points which employers should… Continue Reading

Employee Handbooks: An Employer’s First Line Of Defense

Posted in Employee Training Programs, General Employment Discrimination, General Employment Matters

We have been touting the value of handbooks for years.    See our two-part “Top Ten Essential Components Of An Employee Handbook,” posted on July 15, 2010 and August 2, 2010.   We intend to write again soon on this topic. “The reasons for employee handbooks are many,” says business consultant Jan L. Makela in The Frederick News-Post,… Continue Reading

Does Size Matter? Is Small Better? (Ten Workplace Tips For Growing Companies)

Posted in Age Discrimination, Employee Training Programs, Gender Discrimination

Hrmagazine.co.uk has reported an interesting survey made by a UK employment law firm which analyzed the size of companies and the number of employees reporting discrimination issues. It seems that their survey turned up the fact that  “10% of workers in companies with 50 staff or more face barriers due to their gender, compared to… Continue Reading

Ten Tips To Keep Your Workplace Clean As A Whistle

Posted in Employee Training Programs, General Employment Discrimination, General Employment Matters

Having taken a long weekend off, the writer has reached into his “Best Hits” collection to repurpose (i.e., copy almost verbatim) the following golden oldie. Everyone loves lists.  Although not everything is reducible to a simple list, nonetheless here is a good working list of ten tips to lower your risk of being sued for employment discrimination (and… Continue Reading

“Ten Best Tips” — Readers Supply A Few More

Posted in Employee Training Programs, General Employment Discrimination, General Employment Matters

Our post of April 9th set out what we called our “Ten Best Tips To Stay One Step Ahead Of The EEOC.”   Readers supplied a couple more tips: Dwayne Clark, a conflict resolution professional in Jacksonville, Florida: “I like all ten of your recommendations.   I would caution the use of “zero tolerance” because this implies… Continue Reading

Ten Best Tips To Stay One Step Ahead Of The EEOC

Posted in Employee Hiring, Employee Training Programs, General Employment Discrimination, U.S. Equal Employment Opportunity Commission (EEOC)

We have always preached preventive law, that is, using our knowledge of employment law and HR practices to counsel employers how to prevent claims, charges or lawsuits from ever happening.  It’s far less expensive, time consuming and distracting to spend a little time and money now to comply with the law, than not to do so and… Continue Reading

The “N-Word” And Nooses: “You People Are Too Sensitive” Claims Supervisor

Posted in Employee Training Programs, Race Discrimination, Title VII, U.S. Equal Employment Opportunity Commission (EEOC)

The EEOC has just announced that “In the past two months, the EEOC has had several cases involving severe racial harassment, including a $2.7 million settlement against an environmental clean-up company, and a harassment case in which a white employee was the victim.”   It has also just announced (1) the settlement of a long running… Continue Reading

6 Do’s and Don’ts for Handling Gossip in the Workplace

Posted in Employee Training Programs, Gender Discrimination, General Employment Discrimination

I just read a fabulous article by Rick Roller at the examiner.com entitled “GOSSIP, the Virus in Your Workplace.”  Mr. Roller’s insights about how destructive gossip is in the workplace and why employers need to deal with it as early as possible struck a chord, especially in light of our recent discussions about workplace bullying.… Continue Reading

Patient Preference No Justification For Racial Discrimination

Posted in Employee Training Programs, Employer Posting Requirements, New York State Human Rights Law, Race Discrimination, Title VII

The Civil Rights Bureau of the New York Attorney General’s office has just announced the settlement and discontinuance of an investigation into an upstate nursing home where the AG sought to determine “whether the [nursing home] accommodated and acceded to the racially discriminatory preferences of patients by making reassignments of nurses on the basis of… Continue Reading

Can You Pass “The Acid Test” (Flashback To 2012)

Posted in Employee Training Programs, General Employment Discrimination

Two years ago we asked: “Can You Pass ‘The Acid Test’” (see post of January 29, 2012).   For those of a certain age and mindset, this flashback meant something other than employee handbooks and anti-discrimination policies.   But nevermind — we wanted to know how many questions an employer could answer in the affirmative to pass our post-Haight… Continue Reading

Jury Award To Blind Worker: “Employer Lacked Sufficient Knowledge Of The ADA”

Posted in Americans with Disabilities Act (ADA), Employee Training Programs, U.S. Equal Employment Opportunity Commission (EEOC)

The EEOC sued a Denver beverage distributor under the ADA, claiming that it eliminated a legally blind employee’s job as a driver’s helper, and refused to hire him as a night warehouse loader because it believed that he could not safely perform the functions of loading cases of liquor and kegs of beer into trucks.… Continue Reading

Staffing Firm To Pay Whopping $920,000 To Settle EEOC Charges

Posted in Employee Training Programs, General Employment Discrimination

The EEOC had six charges filed with it between 2007 and 2009 alleging that the San Diego staffing firm Huyssen Inc., doing business as Sedona Group, engaged in a pattern and practice of classifying and failing to refer job applicants based on their race, color, sex, national origin, age or disability. The EEOC just issued… Continue Reading

Sexual Harassment Training: Recommended For All Employers

Posted in Employee Training Programs

Two days ago we reported that an Australian study revealed that only a small handful of female doctors had ever received training relating to sexual harassment by patients, which the study showed was rife.  We said that this statistic is, alas, not all that remarkable given our experience with US employers, most of whom conduct no harassment… Continue Reading

EEOC’s “Fish In A Barrel Shoot” Ends The Summer

Posted in Americans with Disabilities Act (ADA), Employee Training Programs, Religious Discrimination, U.S. Equal Employment Opportunity Commission (EEOC)

Chalk up another direct hit for the EEOC – one more ADA lawsuit filed against a health care provider.  Feel free to go back to our numerous posts about health care providers being a favorite target for the EEOC when it comes to disability suits. We have dubbed this exercise by the EEOC “like shooting fish in… Continue Reading

Hopefully Your Employee Relations Training Goes Better Than This

Posted in 5 Minute Laugh, Employee Training Programs, Harassment

My faithful assistant Chrissie has been working hard to come up with a good Friday 5-Minute Laugh Session for this week’s installment.  She decided to try to come up with one related to training, since I had two training sessions this week with a client covering employee relations for managers.   I am pleased to report that… Continue Reading