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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. How serious is it if written job descriptions aren't in place for employees? Is it safe to draft them even after a termination that could result in a lawsuit? —B.B., New York

As an employer, you can't always wait on a background check before offering a job, so you have to rely on applicants' oral and written statements to make the offer. But when the background check comes back to reveal that the person lied, you have the absolute right to terminate that individual for dishonesty ...

When you need to terminate an employee, it makes sense for the same manager who hired the employee to also pull the trigger on the firing. That bit of legal strategy—the so-called "same actor defense"—could help you defend a discrimination lawsuit down the road ...

Q. How long do we have to keep applications and résumés? — L.P., Kansas

Q. Our company manual doesn't address compensatory time off, but we have offered certain exempt managers an hour of comp time for every hour of overtime worked. Do we have to pay them for accrued comp time when we terminate them? In the past, we've paid comp time to some and not to others. Can we negotiate our own terms with each employee? —E.B., Oregon

The EEOC, the federal agency that enforces the ADA, recently issued guidance to help employers accommodate hearing-impaired employees and applicants. The guidance provides employers with real-life examples of hearing-impaired employees and what rights they possess under the ADA ...

If your organization aims to attract a younger, more hip clientele, watch how you convey that idea to employees who don’t fit your target demographic ...

Who would have thought dropping the name “Osama” could get you out of trouble in a U.S. courtroom? ...

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 ...