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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The U.S. Department of Labor-sponsored Job Accommodation Network has published new guidance on using leave as an accommodation under the ADA.
The EEOC has won a reduction of a large attorneys’ fee award it had been ordered to pay for an allegedly frivolous lawsuit.

If a temp isn’t doing a good job, don’t expect improvement if you bring her aboard permanently. When considering converting temporary employees into permanent staff members, you don’t have to accept an application from someone who has already proven herself to be a poor worker.

Employers are free to set hiring standards and then to pick from the most qualified applicants. Disappointed applicants can’t sue just because they believe they were somehow discriminated against. They have to offer some proof that the employer didn’t hire the best-qualified applicant.

You discipline an employee for a serious rule violation, perhaps by firing the employee. Because you had good reasons for discharging the employee, you may think that you can’t be sued for discrimination. That’s not necessarily true.

Some employees think they can keep from getting fired by going to HR or the EEOC with a discrimination complaint. Then, they reason, if their employer does terminate them, it will be retaliation. Fortunately, that’s not true.
The EEOC received 88,778 charges in fiscal year 2014, marking the fourth straight year of declines after a record-setting 99,922 charges were filed in FY2010. The 2014 total is a 5.3% decrease compared to 2013, and an 11.1% drop since 2010.
A case of alleged transgender discrimination in Texas has prompted New York’s attorney general to launch an investigation into the HR practices of the entire Saks Fifth Avenue retail chain.
Expect a court fight if you reject an applicant you previously agreed to hire because you discovered a hard-to-accommodate disability.

Generally, employers have the right to choose which accommo­­dation they want to offer a disabled employee. That is, the employer—not the employee—gets to choose. But that right has limits.

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