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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: 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 ...

HR Law 101: There are two important reasons why you should conduct regular appraisals of your employees’ performance. First, periodic and competent appraisals reduce the opportunity for a discharged employee to claim unfair treatment. The appraisal process alerts employees to what you expect of them, areas in which they're deficient and how they can improve their performance. Second, appraisals constitute documented proof of unsatisfactory performance that will help you justify employment decisions ...

HR Law 101: In recent years, employer attempts to regulate what employees may do on their own time have become contentious. Many employers fear that their employees’ off-duty actions, including moonlighting, may reflect badly on them, lower productivity or, even worse, create liability ...