Proactively Preventing Workplace Discrimination and Harassment
We can help prevent workplace discrimination and harassment by providing training and coaching, and respond to it when it happens.
We have an active and growing practice providing dynamic, in-person and virtual training, coaching and advising clients, as well as representing clients in mediation, arbitration, negotiation and litigation when necessary.
Retaining the expertise of our firm is not only a good business practice, it may also be necessary to comply with the requirement to address misconduct in a prompt and thorough manner.
We assist our clients in creating or updating internal policies and procedures to prevent and appropriately address workplace discrimination and harassment. We ensure that these policies comply with the law and best practices.
Our attorneys can:
- draft or update a comprehensive policy;
- ensure that policies and instructions for reporting misconduct are appropriately communicated;
- establish a reporting and tracking system; and
- create a counseling and legal resource database.
Discrimination and Harassment Prevention Training
We conduct dynamic, engaging and effective in-person and virtual discrimination and harassment, including sexual harassment, prevention trainings.
We conduct training for our clients’ leadership, employees, representatives, members and governing boards, as well as for other non-profit organizations.
Employer and Employee Education
- discusses conduct that, if left unchecked, can create legal liability;
- educates attendees about their rights and responsibilities if they see or experience conduct that is inappropriate in the workplace; and
- presents hypotheticals tailored to the specific industry and workplace.
Investigations of Workplace Misconduct
We conduct independent, external, fact-finding investigations when allegations of misconduct arise.
During these investigations, we:
- ensure that your organization appropriately responds to misconduct allegations by conducting a prompt, unbiased, and thorough investigation;
- obtain information from all witnesses in an objective and sensitive manner;
- report conclusions as to whether inappropriate conduct occurred that may violate internal policies; and
- offer recommendations on discipline or other remedial measures, where appropriate.
We then provide advice and counsel after the investigation is complete.
Diversity, Equity and Inclusion
We partner with our clients to help ensure that the workplace is a supportive and welcoming environment for all employees. This process includes the development of a Diversity, Equity and Inclusion (“DEI”) strategy to create effective, sustainable change within their workplace and within the workplaces of other employers with whom they engage. Our clients work with us to establish concrete objectives and accountability metrics for individuals and entire organizations.
Examples of educational workshops we can provide include:
- facilitated discussions on various issues such as race and LGBTQ+;
- facilitated listening sessions or town hall meetings; and
- small group coaching sessions that address and rehabilitate troubling behaviors in the workplace.
Unconscious Bias and Racial Sensitivity Workshop
After the BLM uprisings in 2020, we have helped several clients facilitate race-focused discussions amongst staff and governing boards. These discussions have touched upon national and employer-specific events impacting the workplace.
CBA Language Can Address DEI Issues
We have worked with clients to draft and negotiate CBA language addressing issues of unconscious bias and equity in the workplace, including creating labor-management DEI groups to address issues arising during the life of the contract.
Federal, state, and city laws prohibit discrimination on the basis of “protected characteristics” such as race, sex, age, disability, religion, sexual orientation and gender identity. Employees, and applicants for a job, may be discriminated against when they are treated negatively because of a protected characteristic.
No. You do not have to wait to be terminated, disciplined or demoted before you seek legal assistance. If the behavior you are experiencing is unreasonably interfering with your ability to do your job, or creating a hostile work environment, we may be able to help.
Yes. The law prohibits harassment by clients, vendors and others that do business with your employer. If the employer knows or should know about and ignores the misconduct, the employer can be held liable.