Anti-Discrimination/Anti-Harassment Policies

THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION’S BROAD THIRD-PARTY SUBPOENA POWER

An employer’s dealings with the EEOC typically stem from an administrative charge filed by a current or former employee. However, businesses are sometimes hit with an unexpected, nettlesome, and costly surprise: an EEOC third-party subpoena. The EEOC has the power to issue subpoenas to third parties, meaning it can order them to produce documents and …

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THREE THINGS EVERY WORKPLACE VIOLENCE PLAN SHOULD CONTAIN

            Unfortunately, it seems that incidents of workplace violence are becoming more and more common these days.  While a company can never fully protect itself from such incidents, having a comprehensive workplace violence plan in place, and disseminating it to employees, may help prevent many such incidents.               While such a plan should be carefully …

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TRAINING YOUR WORKFORCE ON DISCRIMINATION/HARASSMENT TO AVOID CLAIMS AND LIABILITY

          Creating an Anti-Discrimination/Anti-Harassment Policy, and regularly training your employees regarding the company’s policies and procedures, may be the single most important step you can take to protect your company against claims of unlawful employment practices.              In order to be effective, the policy promulgated should (1) define and give examples of unlawful discrimination/harassment, (2) …

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ANTI-DISCRIMINATION/ANTI-HARASSMENT POLICES ARE HELD TO NOT SHIELD EMPLOYERS FROM DISCRIMINATION AND/OR HARASSMENT CLAIMS BROUGHT PURSUANT TO NEW YORK CITY LAW

          It has long been settled that an employer may, in many instances, avoid liability under the State and Federal statutes governing employment discrimination and harassment if it has an effectively publicized and well-enforced anti-discrimination/anti-harassment policy.  This is known as the “Faragher-Ellerth” affirmative defense, named after the United States Supreme Court decisions which articulated the …

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