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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A star employee tells you his new depression medicine makes it impossible for him to get to work on time. Must you alter his schedule? ...

Why does “testing” bring about that sledgehammer-in-the-stomach feeling? Maybe because, as students, we never knew quite what to expect. Now, the same is true when it comes to a recent trend in employment-law cases: applicants and employees making phone calls to secretly test whether your organization is discriminating ...

Many employers have run afoul of federal discrimination law by requiring all employees to speak only English at all times. The EEOC has said employers can only set such “English-only” rules if they can show a clear business need ...

Q. One of our male supervisors fired what we in HR thought was a poor-performing female employee. During the exit interview, the terminated employee told us that her supervisor fired her because he was sexually harassing her and she threatened to report him if it didn’t stop. It turned out that her claim was legitimate. We immediately called her back to work.

We thought we had dodged a bullet but, unfortunately, we’ve been contacted by her attorney, who threatened a lawsuit unless we agree to settle her claim for a lot of money. We will contact an attorney to represent us, but we want to know if the fact that we brought her right back to work is going to make a difference? —L.W.

Lawsuits by employees against their employers have grown tremendously in the past decade. Sometimes those lawsuits have merit, sometimes they don’t. But, either way, those lawsuits cost time and money to fight—money that is better spent on product development, training and raises. Even worse, some laws—including federal overtime law and the Family and Medical Leave […]

Do you worry you may be courting a discrimination lawsuit when you turn away an applicant or toss an unsolicited résumé in the trash? Rest assured that turning away applicants when you don’t have an opening isn’t likely to get you in trouble ...

When it comes time to fire a difficult employee, focus on clear and easily explained legitimate business reasons for the action you want to take. That means documenting any work problems and relating those problems to the major job functions you hired the employee to perform ...

It’s a dilemma faced by many HR professionals: Discipline an employee who has engaged in a “protected activity” (like union organizing), and you risk a retaliation lawsuit ...

It pays to make every effort to publicize job openings to your current staff and make clear how employees should apply. If you don’t, you face potential discrimination claims ...

Age discrimination cases are on the rise, with more employees suing under the federal Age Discrimination in Employment Act and the Texas Commission on Human Rights Act ...