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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.

HR Law 101: The ADA prohibits employers from asking job applicants questions that may reveal a disability. You should ask only about the person's ability to perform a job's essential functions ...

HR Law 101: The EEOC has taken a proactive approach to enforcing the ADA's protections for disabled workers. In addition to issuing enforcement guidelines, the agency has settled many cases for substantial sums.

HR Law 101: Affirmative action programs are usually designed to give a short-term preference to members of a historically disadvantaged group. In theory, these efforts are intended to level the playing field and help overcome the results of past discrimination ...

HR Law 101: Over the years, the Supreme Court has developed a framework for testing whether an employer’s actions are evidence of discrimination or the result of legitimate business practices. The test (often referred to as the McDonald-Douglas burden-shifting test) has three parts that shift the burden of proof of wrongdoing back and forth between the plaintiff and the employer ...

White Paper published by The HR Specialist, copyright 2007 ______________________ Federal employment laws can be terribly confusing, particularly because they often have different definitions for the size of a business that is exempt from the law. Use the following list to make sure you’re not spending time and money complying with laws that only apply [...]

HR Law 101: Since passage of the 1991 Civil Rights Act, jury trials now are allowed when the plaintiff alleges intentional discrimination and seeks compensatory or punitive damages. However, a jury can’t be told of the statutory limits on the amount of compensatory and punitive damages it can award ...

HR Law 101: The ADA protects recovering and former addicts, but not current users of illegal drugs. The law also covers workers who are alcoholics, but that doesn't mean you have to tolerate them coming to work drunk ...

HR Law 101: Severance policies are generally considered employee benefit plans entitled to ERISA protection, many courts have ruled. For employers, that means conforming to ERISA’s recordkeeping and disclosure requirements ...

HR Law 101: Under the federal Age Discrimination in Employment Act, employees must be 40 or older to file an age-bias lawsuit. But several states (among them Maine, Michigan, New Jersey, New York and Oregon) don’t include a minimum age at which legal protection begins ...