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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.

If you’ve ever worried that participation in the internal investigation of an EEOC complaint might land you in trouble, you can take some comfort in a recent federal appeals court decision ...

If you're facing an employment lawsuit, don't bother probing into the employee's immigration status during the lawsuit's discovery phase. The EEOC has long held that immigration status is irrelevant to any underlying discrimination claims, and a recent federal court ruling supports this stance ...

While Title VII makes it illegal to discriminate on the basis of race, gender, religion, age or disability, no federal law explicitly says that you can't fire someone just because the person is gay ...

When employers offer severance packages to employees age 40 or older, those packages must comply with the federal Age Discrimination in Employment Act and the Older Workers Benefit Protection Act ...

HR Law 101: The EEOC has become proactive in protecting workers from a sexually hostile environment. In 2007 alone, the agency recovered from employers nearly $50 million for victims of harassment ...

HR Law 101: When a new hire comes on board, you must determine whether to classify him or her as exempt or nonexempt under the FLSA. The key consideration: Exempt workers aren’t eligible for overtime pay. Rather, they’re paid for the job they do, not the hours they keep ...

HR Law 101: When an eligible employee returns from FMLA leave, the employer must restore him or her to the same position or an equivalent one with equivalent benefits, pay and other terms and conditions of employment. The new position must involve the same or substantially similar duties, responsibilities and authority ...

HR Law 101: When independent contractors are acting as a company’s agents, the company is liable for their actions, according to a U.S. Supreme Court ruling in 2003 ...

HR Law 101: Even though job descriptions are absolutely essential, too few employers use them effectively, and some even view them as a nuisance. Every employer should maintain a file of up-to-date job descriptions for all the positions in the organization ...

HR Law 101: Make sure your job advertisements are based on accurate, up-to-date job descriptions and comply with anti-discrimination laws. Don’t use phrases like “perfect for college students” or “ideal for working mothers” …