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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When it comes to hiring and promotions, it’s best to avoid subjectivity in the selection process. Tell managers and supervisors: If they have to rely on hunches, impressions and whether they “feel” one candidate is a better choice than another candidate, they are asking for trouble ...

Just about every harassment allegation deserves some sort of investigation. After all, that’s the only way to tell what is really happening down in the trenches. But that doesn’t mean each and every accusation should result in discipline or some other tangible action ...

When it comes to winning lawsuits, it’s a cutthroat world out there. Attorneys representing employees may stoop to low tactics, such as secretly recording every conversation they have with witnesses. What’s worse, it’s not against the Georgia state bar ethics rules to make secret recordings. But lying about it is. That’s why you should instruct anyone who will be speaking with an employee’s attorney to ask point blank whether the conversation is being recorded ...

Sometimes, employees who are having trouble at work think that filing EEOC complaints or lawsuits will save their jobs. It’s a ploy generally designed to paralyze management by raising the specter of a retaliation claim. But courts generally don’t hold it against an employer if it carries out a previously made discipline decision. A lawsuit or complaint doesn’t work like a cease-and-desist order ...

An agnostic paramedic sued Madison County for religious discrimination after the county offered Christian counseling, held Christian prayer meetings in the workplace and allegedly terminated him because of his agnosticism ...

Each organization has its own culture, and some even strive to differentiate themselves based on that unique atmosphere. But some words of caution are in order: If you use “cultural fit” to limit applicants or to drive out those who don’t conform, prepare for trouble ...

Without a doubt, complying with California and federal wage-and-hour rules is difficult. For example, making deductions from the regular salary of exempt employees who are absent can destroy their exemptions and mean back pay for overtime. Thankfully, there is a safe harbor ...

Corporate HR offices across the country began receiving e-mails last month that appeared to be from the EEOC but were actually bogus—and potentially dangerous ...

Does your organization have a policy requiring employees to retire (or step down to a lesser position) once they hit a certain “unbecoming” age? If so, a groundbreaking $27.5 million EEOC settlement shows that you’d better retire those policies … not the people ...

Has your organization lost a previous race discrimination lawsuit? Ouch! You can bet some of your employees filed away that information for future use. However, you can take heart in a court’s recent decision that having previously lost a discrimination suit doesn’t constitute “proof” that your organization continues to discriminate—unless the new case deals with exactly the same type of alleged discrimination ...