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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.

Minnesotans filed 46 more discrimination complaints with the EEOC in fiscal year 2011 than they did in 2010. The 1,204 complaints represented 1.2% of all EEOC charges filed in 2011.
According to a recent 2nd Circuit Court of Appeals decision, what one woman considers an innocent brush may be construed by the other woman as intentional same-sex harassment—and juries are best equipped to sort out who is right.
Offering disability benefits to an employee doesn’t prevent an em­­ployer from later contending that the employee is not actually disabled.
Here’s a difficult situation for even the most experienced HR pro: What should you do if you believe the head of your company is a harasser? There’s no easy answer, as this case shows.
Any adverse employment action—including withholding an ex­­pected pay increase—can form the basis for a discrimination lawsuit. If you hold back raises to punish rule-breaking, make sure you can show you do so impartially.
For some supervisors, being a good boss is literally a hands-on job. They’re constantly patting workers on the back or wrapping them up in an innocent hug. But watch out if they’re “touchier” with female subordinates.

HR professionals can’t be everywhere at once, making sure no boss ever harasses a subordinate. It will happen, even in the best, most progressive organizations. Protect against such nonsense with a robust anti-harassment policy ...

A federal trial court hearing a discrimination case has refused to accept a new and rather bizarre legal theory. The plaintiff alleged that a principle called “psychological projection” can prove that someone is a racist because he falsely alleges that someone else is racist.
Failing to offer some employees the opportunity to participate in training can mean a possible lawsuit. But that’s only true if the employee who missed out on the training opportunity let it be known that he was interested.
The EEOC has issued a new regulation addressing the “reasonable factors other than age” (RFOA) defense to disparate impact claims under the Age Discrimination in Employment Act. Understanding the new regulation can help you comply with the law and prevail in court if you are sued.