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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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Employees who complain can be annoying, especially if you believe their gripes don’t have merit. But firing such an employee can be dangerous because complaining about discrimination or other legal issues is protected activity that can’t be punished.
In a faltering economy, superior customer service is more important than ever. Companies are doing whatever it takes to please their customers. However, this should not include looking the other way when a customer harasses an employee.
Q. We have several 16-year-old girls working as servers in our restaurant. One worker’s mother told us about alleged harassment. Can we rely on our training for our defense?
An Asian couple is suing the owner of a Queens Hooters restaurant after they discovered the word “Chinx” printed in the customer ID field of their take-out receipt.
Not every employee is cut out for management. Someone who was a true asset as a skilled worker may be a bust after being promoted. If that happens in your organization, exercise patience before terminating.
Good news for employers that use a formal process to invite employees to apply for promotions. Employees who don’t follow that process—instead merely telling their boss that they want to be considered—can’t successfully sue if they’re not promoted.
Fry’s Electronics, which operates 17 stores in California, will pay $2.3 million to settle sexual harassment and retaliation complaints arising from incidents at a store in Washington. On a per-claimant basis, the case resulted in one of the largest settlements the EEOC has ever negotiated.
Here’s how to win termination lawsuits: Back up your decisions with solid business reasons for the discharge—especially if you had to let people go to reduce labor costs or otherwise survive financial hardship.
A new fact sheet from the EEOC clarifies that Title VII and the ADA “may apply to employment situations involving applicants and employees who experience domestic or dating violence, sexual assault, or stalking.” You may need to update your anti-bias and anti-harassment training.

Your best defense to a failure-to-promote claim is proof that you posted the job but the employee never applied. But how do you prove that? With a policy that requires posting all internal openings and also requires employees to express their interest by actually applying ...

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