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Discrimination and Harassment

Discrimination and harassment claims often increase in a down economy. Learn the proper techniques for conducing proper workplace harassment investigations, providing sexual harassment training, and more to reduce claims of employment discrimination and preventing sexual harassment in the workplace.

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A recent case has tested the complex, unwritten rules surrounding the use of the N-word in the workplace—in this case, the successful STRIVE East Harlem temporary agency, which has been profiled on “60 Minutes.”
Don’t ignore applicants who have filed prior EEOC complaints against your organization. Give them a fair opportunity to compete for jobs.
A veteran nurse in a Tampa Bay-area hospital had been using a walking cane without incident for about two years when the hospital decided that she could no longer use it because, it said, the cane was unsafe and could be used as a weapon. The EEOC is suing the hospital on the woman’s behalf.

HR Law 101: USERRA requires employers to re-employ persons returning from duty in the uniformed services if they meet five cirtieria. Employers must provide to service members a notice of their rights, benefits and obligations ...

Do some of your supervisors gripe about having to follow anti-discrimination laws? Rein them in. Otherwise, you’ll wind up in court if a job candidate gets rejected for obviously illegal reasons.
Employees sometimes believe they can stop a pending termination merely by filing an EEOC complaint. The implied threat: That they’ll sue for retaliation if they do, in fact, get fired. That won’t work if the employer can show it would have fired the employee anyway.
Watch out if a supervisor suddenly gives a poor performance review to a previously good employee who has recently complained about discrimination. Unless you can clearly show that the employee’s performance was deteriorating, you might be setting yourself up for an otherwise avoidable retaliation lawsuit.
Some employees are completely unable to get along with others. Sometimes, psychological problems may be at the heart of the trouble and the employee may claim she has a disability that must be reasonably accommodated. Employers don’t have to create jobs as an accommodation, making the only possible option termination.
The Austin Fire Department has stopped hiring candidates from its 2012 candidate list now that the EEOC has declared that its hiring test discriminated against black and Hispanic candidates. The EEOC pointed to disparities in pass rates between the groups.
Schindler Elevator Corp. has agreed to settle an EEOC race discrimination lawsuit filed after it laid off a black elevator mechanic from its Charlotte office, even though he was rated higher than almost all his white co-workers who were retained.
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