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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HR Law 101: When designing compensation plans, employers should take into consideration whether the pay schedules have a negative impact on older workers. Several pay discrimination cases have reached the Supreme Court in recent years ...

One of the hardest discrimination claims for employees to prove is age discrimination under the Age Discrimination in Employment Act (ADEA). Retaliation is a much easier case to make. All the employee has to prove is that he complained about discrimination and was punished for doing so ...
Do you have a serial harasser on your hands? Has the finger been pointed at the same individual more than once? If so, don’t try to weasel your way out of a confrontation by simply separating the harasser from the harassed. You may get away with it once, but you’re courting trouble (and a potentially big lawsuit) if you try it again ...
We’re all different, and personality conflicts are a fact of life. But even if some supervisors and subordinates may not be on the best of terms, minor slights and unfair treatment aren't enough for a discrimination lawsuit ...
Employers say the darnedest things at the wrong time. Take, for example, a termination meeting. This is not the time to be defensive and anticipate the employee’s discrimination charges. Instead, stick with the hard facts: why the company has decided that termination is necessary ...
Q. Due to economic conditions, we are planning to let go three employees from our 30-person work force. We are planning to provide these employees with four weeks’ pay if they sign a release of all claims. We have never provided severance pay before and have no policies governing the practice. What advice can you give us? ...
Q. We run an amusement park. We have many jobs that can only be done by people of certain ages. For some jobs, employees must be at least 15, while others have minimum ages of 16, 18 and 21. What is the legal way for us to verify the age of an applicant on an employment application in Ohio? ...
We’ve all encountered the type: employees who are smart—and know it. They work hard and produce results. But they are so arrogant, so abrasive and so insistent that their way is the right way that they kill morale. You don’t have to keep them on just because they meet or even exceed business goals ...
Title VII of the Civil Rights Act (the legal basis of many discrimination lawsuits) applies to anyone over whom an employer exercises control—that is, dictating the “manner and means” by which the individual performs the job. That means the law may cover even an otherwise independent contractor ...
Sometimes, despite uncertainty about whether or not discrimination has occurred, you still may have to fire an employee. But what if you turn out to be wrong? Will that mean a huge punitive damages award? Not if you can show that before the decision was made, you consulted an attorney. That’s right: Calling in the lawyers is the best insurance—if you do it right ...
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