Discrimination and Harassment — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Page 61
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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.

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Can you explain why you terminated one employee, but not another who committed a similar offense? Chances are, if you didn’t document specific behavior and provide concrete examples of poor performance, you won’t be able to explain it in court. Resolve to improve your system for documenting disciplinary actions now, before an unhappy former employee sues.

Ordinarily, retaliation re­quires a so-called adverse employment action, such as discharge or demotion. Lesser actions, such as a lateral transfer, don’t count. That is, unless that transfer carries with it serious consequences—such as a dramatically longer commute.

The website Gawker.com has published yet another embarrassing internal document from retail giant Target’s HR shop. This one, leaked by employees, instructs managers on how to talk to the four generations working in Target stores: veterans, baby boomers, generation X and generation Y. What could possibly go wrong? Plenty.
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.
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