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.

Issue: Courts will frown on "rubber-stamped" discipline against an employee who has complained of harassment. Risk: You can be implicated as part of an internal "conspiracy" to retaliate. Action: ...
If you’re ever hauled into court to testify in a case against our organization, what you say, and how you say it, can sink our defense or make our arguments float. And don’t forget: More than your credibility as a manager may be on trial; you could be held personally liable for your actions, if [...]
Before firing anyone, ask yourself the following seven questions. If you answer “Yes” to any, your risk of sparking a lawsuit rises greatly, so contact your HR department before proceeding with a termination. Question Yes No 1. Is the employee over age 40? 2. Is the employee disabled in any way? 3. Has the employee [...]

Good news: You no longer have to notify employees suspected of workplace misconduct that they are targets of third-party investigations. Congress recently altered the Fair Credit Reporting Act (FCRA) ...

A key part of the new FCRA law (mentioned on the bottom of page 3) bears good news for employers: You no longer need to notify employees suspected of workplace misconduct that they are targets of a third-party investigation.

Not every comment about a person's appearance rises to the level of sexual harassment.

I am one of three owners in a small business. We're concerned about the impact of a disability on one of us. What are the possible tax ramifications if we buy disability insurance on the lives of all three business owners to fund a disability buyout? How do we structure the arrangement to benefit from lower capital gains taxes?

Issue: The Staten Island Ferry crash in October raised the issue of when you can investigate employees' prescription use. Risk: You could spark an ADA suit by asking too many ...
Issue: Done right, your job application is a great tool to collect applicant information and communicate key data about your organization. Risk: Unnecessary questions can run you afoul of federal ...
It's not impossible to discipline employees who complain of discrimination. They're not untouchable. Just make sure you can show that the discipline flows from objective performance factors, not retaliation.
Still, ...