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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.

Q. A new employee has just informed his supervisor that he can't work any overtime. Can we legally fire this person? —G.M., Virginia

You know the workplace should be free of racially or sexually charged comments and that supervisors most certainly shouldn't engage in such banter. But you can't wipe prejudice out of every employee's mind ...

The New Jersey Department of Labor recently announced the 2007 benefit levels for unemployment insurance, disability insurance and workers' compensation. Under New Jersey law, those benefits are adjusted annually, based on fluctuations in the statewide average weekly wage ...

While employers should typically use the same education and experience requirements for all applicants for the same position, they needn’t do so in every case ...

You and the supervisors at your organization may already know how to handle a sexual harassment complaint that appears genuine. But what should you do when you seriously doubt that a claim is legit? ...

Insubordination is a perfectly logical and legal reason to fire an employee. But juries will be suspicious if it looks like one of your supervisors "set up" the employee to give you a reason to terminate ...

The U.S. Supreme Court has agreed to decide on an important race-discrimination employment issue: whether a fired employee can win a race-discrimination lawsuit when the manager who pulled the trigger on the termination didn’t know the employee’s race ...

Q. One of our employees had been out sick for two months. We’ve received a doctor’s note that just says he’s unable to work and that a return date is undetermined. We faxed and mailed FMLA paperwork, but it hasn’t been returned. Meanwhile, the employee is receiving disability benefits through our short-term disability plan. How do we calculate the start of FMLA leave? From the date the disability payment began? And if we never get the FMLA paperwork back, can we terminate him? T.B., Tennessee

Q. When, if ever, can our company legally ask an applicant about his or her religious affiliation? —R.M., Illinois

Q. Our church day care center hired a woman who, we later found out, was living with a married man. Our director had “moral issues” with this situation and terminated her. I think the termination was illegal. Was it? —L.T., Florida