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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.
"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.
Considers the practical realities of applying the law on a day-to-day basis and answers all the common questions, covering: what harrassment is and how to stop it, when and how discrimination occurs, how to conduct training, how to handle employee complaints, and much more. Original.
Here is a valuable guide that saves researchers investigating sexual harassment in the workplace enormous amounts of time and money. Focusing on the hostile environment claim under Title VII of the Civil Rights Act of 1964, Women and Sexual Harassment is a complete resource tool. In one easy-to-use volume, it provides a detailed background and history of the hostile environment claim as well as an extensive guide on how to use and where to find the best resources available on this topic. Unlike some legal books, Chan’s book does not require cover-to-cover reading to access pertinent information. Anyone, whether they are interested in the specifics of the hostile environment claim or sexual harassment in general, will be able to locate the information they’re looking for with the help of this handy guide. It saves enormous amounts of time, effort, and money for researchers by providing extensive listings and evaluations of statutes, cases, agency decisions, law review articles, annotations, and books containing information on this subject. Readers can use the book to get a better understanding of the hostile environment claim or use it like a dictionary to pinpoint the specific resources that will be most useful to their area of research. Women and Sexual Harassment is logically divided into five complete parts to make it easy to use: Part 1: Clearly explains how to best use the book to access specific information. Part 2: Describes the history and present state of the hostile environment claim in a manner that is to the point, yet is more thorough than descriptions of the claim found in articles, cases, or other sources. Part 3: Research guide--Directs researchers to the best sources for information, categorized by type and area. Includes tips that will save hours in the library and will help researchers find the most up-to-the-minute articles and cases. Part 4: Bibliography of primary legal sources--Covers statutes, regulations, and case law on the hostile environment claim and sexual harassment. Part 5: Bibliography of secondary sources--Includes books, articles, surveys, and legislative history. The annotated bibliography, broken down by type of source and type of information, not only points researchers in the right direction but also steers them away from sources that seem valuable from their title, but are in fact not worthwhile. The insightful written analysis of the hostile environment claim alone provides researchers unfamiliar with the subject with a clearly written history and definition of the claim, its key elements, employer liability, statute of limitations, remedies, considerations of discovery and evidence, and related claims. Women and Sexual Harassment is an invaluable guide for all types of researchers including victims of sexual harassment considering filing a hostile environment claim, scholars interested in women’s issues, attorneys unfamiliar with this area, employers interested in limiting their liability by taking steps to prevent sexual harassment in their workplaces, and law students in any level of courses related to sex discrimination or sexual harassment.
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.
In the past 20 years, the number of employment discrimination cases has increased by more than 2,000 percent. This practical guide helps companies avoid the most common types of employment lawsuits through the development of strong people-management skills.
Workplace Violence: Issues in Threat Management defines what workplace violence is, delves into the myths and realities surrounding the topic and provides readers with the latest statistics, thinking, and strategies in the prevention of workplace violence. The authors, who themselves have implemented successful workplace violence protection programs, guide novice and experienced practitioners alike in the development of their own programs.
Eliminate sexual harassment, unconscious bias, ethical lapses and other HR nightmares! Companies spend millions on legal compliance training and initiatives to eliminate workplace drama and the resulting low morale and lawsuits, but don’t always get the results they want. Most organizations understand that simply checking legal compliance boxes around sexual harassment, bias, etc. isn’t enough, but are at a loss on how to implement solutions, especially in today’s post-#MeToo world. Patti Perez is an attorney, HR expert, trainer, and former state regulator, who has conducted over 1,200 workplace investigations. In this unique book, she explains the secret to avoiding all forms of drama, legal exposure, and low morale: A healthy workplace culture. Patti combines the lessons learned from 25 years of professional experience with robust data from behavioral science research to debunk common myths, including the belief that a focus on legal compliance leads to a healthy workplace culture. (In fact, it increases the likelihood of getting sued). The Drama-Free Workplace includes a section with easy-to-understand causes, effects and solutions to problems related to: Sexual harassment Bias and diversity Ethics lapses The book also includes helpful information on: Becoming an organization that values and practices fearlessness, fairness and freedom Anticipating situations that give rise to drama, with detailed advice on how to prevent it from happening Using emotional intelligence to communicate more precisely and persuasively about sensitive, controversial topics in the workplace Finally, the book’s DIY section guides companies on how to: draft and enforce helpful policies (that employees will actually read and *want* to follow) design and deliver powerful and effective training programs investigate and resolve claims of sexual harassment and other types of misconduct. Together, these practical tools will help all your employees feel valued and motivated, and keep drama, disengagement, and lawsuits, away.
Harassment claims based on sex, not just sexual conduct or language, continue to increase. At the same time, these cases are becoming more complex and difficult to litigate. With the in-depth contributions of seasoned employment law practitioners from across the country, this important book provides a best practices guide for attorneys who litigate cases on behalf of plaintiff/employees and defendants/employers. Focusing on gender harassment and retaliation under Title VII of the Civil Rights Act, the book begins by providing a platform for which the practitioner can assess and handle gender harassment and retaliation case. The book supplies guidance for performing a thorough analysis of the elements which must be proven and should be considered throughout the litigation of a claim, including planning and defending depositions.