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Employment Discrimination Report Discussions on Recent Legislation, Noteworthy Cases & Trends in Enforcement

Category Archives: Employee Training Programs

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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

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

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

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, Employee Training Programs, Equal Employment Opportunity Commission, Religious Discrimination

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

Internal Audits and Sexual Harassment Training A Must – Ask The University of Iowa

Posted in Employee Training Programs

At the University of Iowa, an investigation showed that the athletics academic adviser violated the school’s harassment policy over a period of years.   In December, the President of the Regents, which governs the university, said that this showed a failure to implement a policy that requires all university employees to participate in sexual hharassment training. … Continue Reading

Update Your Employee Handbook Now!

Posted in Employee Training Programs

We commend for your edification an excellent and timely article written by our colleague,  Jonathan Ash, in his blog New Jersey Human Resources.   He says that  "the start of the new year is an excellent time to revisit and re-evaluate the policies contained in your Company’s Employee Handbook," and discusses topics such as workplace violence, social media and … Continue Reading

Massachusetts to become 16th State to provide protections for transgendered individuals

Posted in Employee Hiring, Employee Termination, Employee Training Programs, Employment Litigation, Gender Identity or Expression, General Employment Discrimination, General Employment Matters, Harassment, Trangendered individuals; gender identity

On Wednesday, the Massachusetts passed and sent to Governor Deval Patrick, a bill–H.3810, which outlaws employment discrimination on the basis of “gender identity.”  It is expected that Governor Patrick will sign the bill which will take effect on July 1, 2012.   The proposed legislation would insert the phrase “gender identity’’ to chapters of state … Continue Reading

Want an Easy and Cost-Effective Defense to Employment Discrimination Claims? Provide Harassment Training for Your Employees

Posted in Employee Training Programs, Harassment

Harassment training? If you read the title of this blog out loud and heard groans from other people in your office, I understand. In fact, when I have done harassment training for clients, I have heard every complaint and bad joke about harassment training there is. Harassment training is one of those dreaded exercises by … Continue Reading

Effective April 9, 2011, the Wage Theft Prevention Act (WTPA) requires that Employers Give Employees Notice of Rates of Pay and Regular Payday

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

Effective April 9, 2011, Section 195.1 of the New York State Labor Law, requires all employers, other than governmental agencies, to give employees at the time of hire (before work is performed), and on or before February 1st of each year, notice of:   1. the employee’s rate or rates of pay; 2. the overtime … Continue Reading

Holiday Parties — Brief Words of Caution For Employers

Posted in Employee Training Programs, General Employment Matters, Harassment

Once again the holiday season is here, with office parties galore, and the scolds are back to put a damper on the fun.  Or put another way, the prudent advisers are back to encourage you to have fun without the years-long hangover that an employment lawsuit will bring to those who indulge too much or too freely.   … Continue Reading

Five More Tips on Avoiding Getting Sued

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

Some time ago, we gave you the first five of our top ten tips to lower your risk of being sued for employment discrimination. Summarizing them, they were: – know the rudiments of anti-discrimination law; – maintain a zero-tolerance anti-discrimination and anti-harassment policy; – hire a knowledgeable and experienced HR person, or general counsel, if you … Continue Reading

Top ten essential components of an employee handbook

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

I recently attended a conference for which I prepared a presentation on the Essential Components of an Employee Handbook. After several discussions with Managers and Human Resource professionals at the conference, it was apparent that many employers do not have a basic employee handbook. Others have handbooks that fail to include the essentials. That said, to … Continue Reading

Another Staffing Company Pays a Stiff Price for Not Training Its Managers and Employees

Posted in Americans with Disabilities Act, Employee Training Programs, Equal Employment Opportunity Commission, General Employment Discrimination, General Employment Matters

  Our entry of June 29, 2010 reported on a staffing company (Spencer Reed) which entered into a “consent decree”  to settle a case filed by the EEOC under Title VII and the Age Discrimination in Employment Act (“ADEA”). On June 15, 2010, another staffing company similarly entered into a consent decree with the EEOC, in … Continue Reading

The Case for Preventive Law: Employment Staffing Firm Pays $125,000 to Settle Discrimination Lawsuit

Posted in Age Discrimination in Employment Act, Employee Training Programs, Equal Employment Opportunity Commission, General Employment Discrimination

In 2009, the EEOC sued the employment staffing firm of Spencer Reed Group in a federal court in Georgia on behalf of an older, white former employee, Diane Coleman, who was employed in the Atlanta office. The case is named U.S. Equal Employment Opportunity Commission v. Spencer Reed Group, LLC (N.D. Ga, No. 1:09-CV-2228  June 8, … Continue Reading

EEOC remains active: settles suits against Staffing Agency and Motorbike Dealership involving Title VII and ADEA (age) discrimination claims

Posted in Employee Training Programs, Equal Employment Opportunity Commission, General Employment Discrimination, General Employment Matters

As many pundits expected, the U.S. Equal Employment Opportunity Commission (EEOC) is stepping up its litigation of discrimination claims. In one week, the EEOC settled two lawsuits totaling $180,000. Although the financial recoveries may not be significant to many employers, having the EEOC’s nose in your business is never a good thing and can lead … Continue Reading

NYC Employers Strictly Liable for Supervisors’ Harassing Conduct – No More Faragher/Ellerth Defense!

Posted in Employee Training Programs, Equal Employment Opportunity Commission, General Employment Discrimination, New York City Human Rights Law

In a recent and much anticipated decision, the New York Court of Appeals, the State’s highest court ruled in Zakrzewska v. New School that the New York City Human Rights Law (“NYCHRL”) imposes strict liability on an employer where the offending employee exercised managerial or supervisory responsibility over the employee-plaintiff.  Prior to this decision, New … Continue Reading