Unlawful discrimination occurs when an individual's compensation, terms, condition, or privileges of employment is negatively impacted due to that individual's membership in a protected classification. Unlawful harassment is a subset of discrimination and occurs when abusive and harassing behavior is directed at an individual due to his membership in a protected class. Workplace harassment is that conduct which unreasonably interferes with a person's work performance or creates an intimidating, hostile, or offensive work environment. Both discrimination and harassment may manifest itself in varying ways, but have the above traits in common.
The theory behind harassment is that abusive and harassing behavior can adversely affect the terms, conditions or privileges of employment, thereby violating Title VII of the Civil Rights Act. There are two general types of harassment 1. Quid Pro Quo--When an employee must submit to such conduct as a condition of employment and/or when decisions about an employee's job such as promotion, demotion, benefits and wages are based on his or her submission to, or rejection of, such conduct; or 2. Hostile Work Environment--Any unwanted attention of a discriminatory nature from someone in the workplace (supervisors, coworkers, clients, customers) that is offensive, causes discomfort and/or interferes with the employee's job performance.
Common types of employment discrimination and harassment are as follows:
1. Sex/Gender-based discrimination and harassment;
2. Race/Color-based discrimination and harassment;
3. National-origin/Citizenship-based discrimination and harassment;
4. Religious discrimination and harassment;
5. Age-based discrimination and harassment;
6. Disability-based discrimination and harassment;
7. Retaliation.
Harassment claims carry the same damages available under Title VII of the Civil Rights Act. The EEOC is charged with administering Title VII. Therefore, an employee who wishes to bring a harassment lawsuit must first obtain a "right to sue" letter from the EEOC.
Leading others brings new demands on individuals and requires them to have or develop new competencies and attributes.
Changes to the Family and Medical Leave Act (FMLA) and proposed changes to the FMLA regulations will keep employers guessing as to how to comply with the law for the next few months
LearnHR is proud to announce the addition of attorney Allen Norris, partner in the Law firm of Thompson Hine, LLP to ist Faculty. Allen is an expert in the area of Executive Compensation and brings his knowledge to the LearnHR Members. "Executive Compensation packages are in a perpetual state of flux, the laws change continually, I am proud assist the Membership and to be a part of the LearnHR Team."
Real (that is, inflation-adjusted) average weekly earnings fell by 0.5 percent from December 2007 to January 2008 after seasonal adjustment, according to preliminary data released by the Bureau of Labor Statistics of the U.S. Department of Labor.
DESPITE the country's "collective problems" in terms of political bickering, the Philippines outsourcing industry is unfazed with the issues hurled against President Gloria Macapagal-Arroyo.
Attorney Lori Torriero discusses the substantive changes in the Family Medical Leave Act. She highlights the three major substantive revisions, a cannot miss for any one that administers FMLA.
Jonathan Downes, Esq discusses some new developments in the FLMA: Valid Health Claims, Serious Medical Conditions, and Sufficiency of Notice for Need.
The loss in workplace productivity during the NCAA men's basketball tournament--commonly known as March Madness--can be offset by a gain in employee morale, says Diane Swanson, professor of management at Kansas State University.
