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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Consider this when deciding whether to offer a simple and cheap accommodation to an employee who claims he’s disabled: Offering help doesn’t mean you accept that he’s disabled. You can still challenge his status under the ADA if he sues.
Mattress Firm, a Houston-based bedding retailer, faces charges it discriminated against older workers at its Las Vegas stores. The EEOC has filed suit against the company after efforts to mediate the case failed.
Sometimes, it pays to be patient. That’s often true when deciding who to terminate when several people are allegedly involved in rule breaking. Conduct an independent investigation, talk to all the individuals involved and come to conclusions based on what the employees said. That way, there’s a good chance a court won’t second-guess your final decision.
Some accommodations requests aren’t directly related to the disabled employee’s job functions. Take, for example, simple accommodations like changing arrival and departure times so a disabled employee can take a specific bus or providing a reserved parking spot next to the entrance. Those accommodations fall within the scope of the ADA.
Employees sue over the most trivial workplace incidents. Fortunately, courts have more important things to do than soothe hurt feelings. Busy judges are quickly dismissing cases that are based on nothing more than a few petty incidents.
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.
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