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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Many HR professionals spend time agonizing over whether to fire someone they believe broke a rule warranting discharge. Could they have been wrong about the facts? Relax. There’s no need to second-guess yourself endlessly. Instead, conduct a prompt and thorough investigation and make a decision.
Q. We have an employee who was out on workers’ comp and has recently returned to work part time. (She is still collecting partial workers’ comp benefits.) Can we adjust her vacation and personal leave time to reflect the limited hours she’s working, or is she entitled to the full amount of days?
The NAACP and the advocacy group Take Action Minnesota have accused retail giant Target of unfair hiring practices, alleging that the chain unnecessarily rejects job applicants based on their criminal records.
Controversial amendments to New York City’s Human Rights Act take effect June 11, allowing job applicants to sue for discrimination against a new protected class: the unemployed.
A 40-year-old vocal teacher is suing the School of Rock chain of music schools, claiming she was harassed because of her age and wrongfully terminated in retaliation for engaging in protected activities.
An employee can lose a sexual har­­assment lawsuit and still win on retaliation if she can show she was fired for complaining about harassment. Don’t let that happen to you.
Before offering a retirement package that’s contingent on giving up the right to sue, make sure you comply with the Older Workers Benefit Protection Act (OWBPA) requirements. That includes giving the employee time to review the agreement and talk to a lawyer.

One way for a candidate to prove discrimination in hiring or promotion is to show that he is so much better qualified than other candidates that there should have been no doubt about who got the job. Some candidates mistakenly believe that means if they are the best educated, they win. That’s simply not true.

Here’s some good news for em­­ployers: Employees can’t use “me-too” evidence pointing to widespread discrimination against many classes of employees if their initial claim only alleges discrimination against a specific subgroup.
The key issue in most race discrimination cases: different treatment for people of different races. A court recently ruled that it wasn’t protected activity when a black employee complained that one black job applicant had been subjected to greater scrutiny than another black applicant.
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