Harassment And Discrimination And Other Workplace Landmines

Prevent Workplace Problems and Lawsuits Harassment and discrimination are some of the touchiest issues in the workplace. To protect your business and your employees, it is essential that you have clear, comprehensive policies in place. Labor attorney Gavin S. Appleby instructs you on how to avoid the costly problems that arise from harassment and discrimination claims. He offers suggestions for establishing a diverse workplace focused on respect, thereby reducing the risk of lawsuits. He provides legal strategies for dealing with harassment and discrimination complaints and lawsuits, illustrating his points with real-life examples. Covering a variety of workplace issues, he offers proactive strategies to create business practices that will limit harassment and discrimination claims. Appleby covers: Contentious legal topics such as sexual harassment, same-sex issues, dating in the workplace, race and religion Workplace policies that reduce the risk of lawsuits, including effective employee training and proactive problem-solving methods Harassment from managers, employees, customers, suppliers and other individuals Investigating and prosecuting a harassment or discrimination case Strategies for defending your company in a harassment or discrimination suit and minimizing the damage These legal strategies will help you develop a productive, complacent workplace unmarred by harassment or discrimination issues. Sample documents include: Acknowledgement of Training Anti-Harassment Policy Guide Basic ADA Policy Basic EEO Policy Basic Nonretaliation Policy Basic Respect in the Workplace Policy Diversity Program Schematic Federal and State EEO Laws Harassment Investigation Checklist Formal Anti-Harassment Policy Provisions for Electronic Resources Policy Electronic Communication Policy Love Contract Outline for Anti-Harassment Presentation Outline for Manager Anti-Harassment Training For more than 30 years, Entrepreneur has provided the most trusted business advice available to business owners. Our legal guides continue that tradition by offering current and cost-effective legal advice so you can resolve the business and legal issues you face on a daily basis. We also help you identify when it's in your best interest to seek the personalized advice and services of a practicing lawyer.

Get the answers you need to questions such as: What can I discuss under HIPAA with the patient's family? What must I get permission to speak about from the patient? Who can make end-of-life decisions if there is no next-of-kin? When do I need to get a legal opinion? What do I say to a Board Investigator? Legal First Aid: A Guide for Health Care Professionals is a definitive quick reference for the clinician, providing the answers to legal question that relate to patient care. A concise and easy to understand text, this book provides solid advice on important legal issues, and includes a resou

Workplace Bullying and Harassment: New Developments in International Law provides a comprehensive tour around the globe, summarizing relevant legislation and key developments in workplace bullying, harassment, sexual harassment, discrimination, violence, and stress in over 50 countries in Europe, the Asia Pacific region, the Americas region, and the Middle East and Africa. Workplace bullying, harassment, and other psychological workplace hazards are becoming increasingly acknowledged and legislated against in the modern work world. The costs of bullying, harassment, violence, discrimination, and stress at work are huge and far-reaching. Frequently under-reported and misunderstood, workplace bullying, harassment, violence, discrimination, and stress wreak havoc on the vitality and prosperity of organizations and individuals alike. Workplace laws have long dealt with physical risks, and psychological risks have begun to be treated similarly. In response to the changing workplace, many countries are regulating workplace bullying and harassment by introducing new legislation or incorporating new provisions into existing legislation to address these risks. Other countries have opted for non-regulatory instruments. Numerous European countries, Canada, Australia, and Japan all prohibit and punish workplace bullying and harassment, with other countries, including the United States of America, moving toward legislation against this abusive workplace conduct. This book brings together need-to-know information on global workplace bullying and harassment in one place, the first publication of its kind to do so. It will aid those in the fields of labor and employment, human resources management, occupational and industrial health psychology, health and safety, and workplace regulatory compliance stay abreast of laws and developments that these practitioners must be aware of, whether operating nationally or globally. Academics will also benefit. Links to laws and references are provided, enabling further research.

Don’t let harassment and discrimination claims disrupt your workplace Discrimination and harassment can poison the work environment, undermine employee morale, and lead to costly investigations and lawsuits. It’s critical to take steps to prevent harassment and discrimination, as well as to appropriately respond when incidents do happen. Protect your company and employees from harassment and discrimination claims using the information and strategies in this updated edition. You’ll learn how to: develop policies prohibiting harassment and discrimination train employees and supervisors handle employee complaints and investigate claims thoroughly document your company’s response take action against wrongdoers prevent illegal retaliation, and respond to agency complaints, investigations, and lawsuits. The legal principles, strategies, and tactics discussed in this book apply to remote workers and on-site staff.

Harassment, discrimination and other incidents of workplace misconduct require effective investigations to find the truth, avoid legal consequences and to get the organization back on track. In this book you will learn from the author’s first-hand experience. Learn how to select the right lawyer, the legal requirements of investigations, how to stay objective under pressure, specific policy issues you must consider, how to handle difficult witnesses, how to develop an investigation strategy and how to conclude the investigation and summarize your results. Written by an attorney/human resources expert who has conducted hundreds of investigations.

Billions of dollars have been spent on the wrong solution to the complex, sensitive and emotionally charged issue of discrimination and harassment in the workplace. Companies originally invested in diversity training in order to meet Affirmative Action and Equal Employment Opportunity requirements, to reduce litigation costs, and to buy social peace. The result was often more social conflict—divisiveness, hostility, backlash, and an increase in litigation. This book offers a new, simple and effective solution to organizations that include the need to: establish, publish and enforce a zero-tolerance policy against discrimination and harassment; develop standards which define unacceptable professional workplace behaviors; and provide the relationship skills training necessary for all employees to meet the company's behavioral standards. Diversity training failed because of its focus on awareness, understanding and appreciating differences rather than teaching basic skills to help employees relate more effectively with each other regardless of their differences. Companies have the right to require professional behavior from their employees. They do not have the right to ask their employees to change ther personal values and belief systems. This book provides a blueprint for a skills-based solution to the elimination of discrimination and harassment. It emphasizes the development of professional relationship skills to help employees work more effectively with their bosses, their peers, their team members, their customers, and all those individuals different from themselves. For all business executives, leaders, managers, supervisors, human resource specialists, trainers, consultants, entrepreneurs, and employees.

This book addresses the evaluation of damage for discrimination or harassment claims, and explores the history and importance of this process, the legal standards, and the procedure for applying this evaluation in court. Specific ethical issues that may arise when conducting these assessments are discussed, along with suggestions to address and resolve them. A helpful review of empirical research related to the frequency and types of workplace discrimination and its potential effects on employees is also included.

The law of sexual harassment is constantly evolving, and the number of sexual harassment claims is dramatically on the rise. Sexual Harassment in the Workplace, Fourth Edition, is a comprehensive guide that provides all the information you need to successfully litigate a sexual harassment claim. Sexual Harassment in the Workplace guides you through the relevant administrative and legal proceedings, from client interviews to attorney's fees. It discusses state and federal remedies available to maximize recovery, including: The development and elements of the claim Sample pleadings Discovery documents Reviews of actual cases Special attention is given to important topics such as: Suits by alleged harassers Insurance indemnification Class actions And many others Sexual Harassment in the Workplace brings you up to date on the latest case law developments, including the following: A new checklist of items to cover when representing an employer The U.S. Supreme Court confirmed that retaliation is actionable under Title IX where a girls' high school basketball coach claimed that he suffered retaliation for complaining about sexual discrimination in the athletic program of the school, even though he himself was not the direct victim. Jackson v. Birmingham Board of Education, 544 U.S. 167 (2005) In order to increase opportunities for mediation, the EEOC expanded the charges eligible for mediation and now mediation is available at the conciliation stage, after a finding of discrimination has been issued, in appropriate cases The U.S. Supreme Court has held that under the Federal Arbitration Act, where parties to an arbitration agreement include a provision that delegates to the arbitrator the threshold question of enforceability of the arbitration agreement, if a party specifically challenges the enforceability of the entire agreement, the arbitrator would consider the challenge. If, however, the party only challenges the enforceability of the arbitration provision, the challenge must be heard by a court. Rent-A-Center, West Inc. v. Jackson, 130 S. Ct. 2772 (2010) The lack of timeliness in filing a discrimination action is an affirmative defense and the burden of proof is on the employer. Salas v. Wisconsin Department of Corrections, 493 F.3d 913, 922 (7th Cir 2007) A federal employee's premature filing of a sexual harassment employment discrimination and retaliation complaint did not constitute a failure to exhaust administrative remedies so as to deprive the district court of subject-matter jurisdiction. Brown v. Snow, 440 F.3d 1259 (11th Cir. 2006) A majority of states impose a shorter period for filing with their agencies, though, so the filing deadline is not always extended when a state has its own agency The andquot;single filing ruleandquot; - under which a party who has not filed an EEOC charge or received a right-to-sue notice may andquot;piggybackandquot; his or her judicial action on the claim of a party who has satisfied those prerequisites - has been described as a andquot;carefully limited exceptionandquot; to Title VII's procedural requirements. Price v. Choctaw Glove and Safety Co., 459 F.3d 595 (5th Cir. 2006) Provided that an act contributing to the claim occurs within the filing period, the court may consider the entire period of the hostile environment for purposes of determining liability. Jordan v. City of Cleveland, 464 F.3d 584 (6th Cir. 2006) The Supreme Court has held that a plaintiff's timely filing of an EEOC intake questionnaire, which was followed by an affidavit stating andquot;Please force Federal Express to end their age discrimination . . .andquot; constituted a charge, cautioning, however, that its permissiv

Nearly every American woman will, at some point during her working life, be sexually harassed, according to Raymond F. Gregory, a lawyer specializing in employment and discrimination law. Unwelcome and Unlawful provides information for those victims as well as for those suffering same-sex harassment and for male victims of sexual harassment. Gregory analyzes sexual harassment from the perspective of existing federal law and describes the legal rights that may be asserted by victims of harassment to obtain either injunctive or monetary relief. Conduct of a sexual nature that occurs in normal workplace socialization is generally not unlawful, but it will be considered to have crossed the line of legality if it is unwelcome and is sufficiently severe or pervasive to undermine an employee's work life. Questions typically arising in a sexual harassment case include: *What types of workplace conduct are classified as sexually harassing? *When is sexual conduct considered unwelcome? *When is sexual conduct perceived as severe or pervasive? *What are the obligations of an employee to report acts of sexual harassment? *If sexual harassment is proven, what monetary damages and other relief may the victim expect to be awarded? *When is an employer liable for acts of sexual harassment committed by its workers and supervisors? *What privacy rights does an employee claiming sexual harassment have? By clarifying little-understood aspects of the law barring sexual harassment, the author presents an indispensable resource for victims seeking to learn what to expect from the legal system if they contest the actions of their harassers in the courts.

Previously titled Bullying and Emotional Abuse in the Workplace: International Perspectives in Research and Practice, the first edition of this bestselling resource quickly became a benchmark and highly cited source of knowledge for this burgeoning field. Renamed to more accurately reflect the maturing of the discipline, Bullying and Harassment in