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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If an employee sues you for discrimination despite your successful efforts to resolve her complaint, you may be able to recover your attorneys’ fees from the plaintiff. The reason: That’s a frivolous lawsuit ...

A worker walks into your HR office and makes allegations of harassment and a hostile work environment under the New Jersey Law Against Discrimination. You check the personnel file and realize that she actually is an independent contractor who provides services to your company. You’re off the hook, right? Not necessarily, according to the New Jersey Appellate Division ...

Q. Our company is considering providing anti-harassment training to all employees. Some executives are concerned that the training might actually stir up lawsuits. Do you recommend such training? ...

Here’s a trap you should be aware of: An applicant who sues when he isn’t hired often keeps on applying—and then turns around and claims that you “blacklisted” him in retaliation for the lawsuit. Here’s how you should respond ...

As if you didn’t have enough to worry about when it comes to sexual harassment in the workplace. Now a federal court has ruled that Pennsylvania law allows harassed employees to sue their employers for intentional infliction of emotional distress, too ...

Q. What areas should we cover in our electronic communications policy? ...

Workplace bullying has existed for as long as mean people have worked alongside others. Only recently, however, has it emerged as an issue for the courts to handle — it's now a significant liability hazard for employers. Here's how to institute a "no-jerks" rule at work that can help stop bullies.

Have you ever suspected that one of your employees was not quite as injured or ill as he says? Employers certainly can insist on a medical examination to determine the exact nature and extent of workers’ medical problems—and any appropriate work restrictions. Just make certain you treat all injured employees the same ...

Fairness and equal treatment are basic tenets of the HR profession. But that doesn’t mean all discipline cases merit equal punishment, even if the offenses are superficially similar. You can—and often must—punish some rule breakers more severely than others. Just make certain you can justify the differences ...

Good news for employers: Employees who claim disability discrimination can’t sue under both state and federal laws. They have to choose whether to sue under the ADA or the North Carolina Persons With Disabilities Protection Act ...

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