Investigating the Workplace Harassment Claim PDF Download

Author: Beth K. Whittenbury
Publisher: Amer Bar Assn
ISBN: 9781614387299
Category : Law
Languages : en
Pages : 172

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Book Description
Investigating the Workplace Harassment Claim, provides a step-by-step guide to undertaking harassment investigations. This book includes in-depth legal analysis laden with case law and legal citations which results suggestions for best practices in unsettled areas of investigation law.

Author: Amy Oppenheimer
Publisher:
ISBN: 9781586440305
Category : Business & Economics
Languages : en
Pages : 0

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Book Description
"Details experience-tested techniques for conducting investigations of workplace harassment based on such factors as sex, race, religion, national origin, age, and disability. The authors detail every step of an investigation - planning, documenting, interviewing, weighing evidence, making a decision, and taking remedial action"--P. [4] of cover.

Author: Alba Conte
Publisher: Wolters Kluwer
ISBN: 0735597650
Category : Law
Languages : en
Pages : 6006

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Book Description
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

Author: Jan C. Salisbury
Publisher: Pfeiffer
ISBN:
Category : Business & Economics
Languages : en
Pages : 342

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Book Description
Investigating Harassment and Discrimination Complaints is a hands-on guide for human resource professionals who are called upon to conduct a legally sound investigation into harassment, discrimination, or retaliation complaints. This important manual blends the information investigators need to develop the skills and competencies that are critical to successfully investigating harassment and discrimination complaints with a proven framework for undertaking the investigation itself. Investigating Harassment and Discrimination Complaints walks the investigator through the process of conducting a successful investigation and includes information about: The critical legal aspects of conducting an investigation How diversity affects harassment What needs to be in place prior to an investigation Creating a step-by-step plan How to properly document an investigation, and Administering discipline for policy violations and remedies for aggrieved employees Investigating Harassment and Discrimination Complaints also includes a valuable training program that human resource professionals can use to deliver in-house training programs on harassment investigations. In addition, it contains a wealth of resources including a sample policy, forms to use in an investigation, a sample report, a summary of real-world cases, and government publications from the Equal Employment Opportunity Commission.

Author: Beth K Whittenbury
Publisher: Beth K Whittenbury
ISBN: 1482628589
Category : Business & Economics
Languages : en
Pages : 70

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Book Description
"Find out how to protect yourself from liability for sexual harassment claims and what steps organizations as well as managers should take to prevent sexual harassment in the workplace." -- Amazon.com viewed May 19, 2020.

Author: Stale Einarsen
Publisher: CRC Press
ISBN: 1439804907
Category : Technology & Engineering
Languages : en
Pages : 514

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Book Description
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

Author: Deborah C. England
Publisher: Nolo
ISBN: 1413332056
Category : Business & Economics
Languages : en
Pages : 259

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Book Description
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.

Author: Diane M. Pfadenhauer
Publisher: Datamotion Publishing LLC
ISBN: 0981583105
Category : Discrimination in employment
Languages : en
Pages : 161

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Book Description
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.

Author: Angela Bradbery
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 264

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Book Description
Explains the procedures employers should establish to address and resolve sexual harassment complaints in the workplace.

Author: Eugene F. Ferraro
Publisher: CRC Press
ISBN: 0203504798
Category : Business & Economics
Languages : en
Pages : 598

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Book Description
Whether you are a professional licensed investigator or have been tasked by your employer to conduct an internal investigation, Investigations in the Workplace gives you a powerful mechanism for engineering the most successful workplace investigations possible. Corporate investigator Eugene Ferraro, CPP, CFE has drawn upon his twenty-four years of