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 20
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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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The EEOC is moving forward with an aggressive, new stance that discrimination on the basis of sexual orientation and gender identity constitutes sex discrimination under Title VII of the Civil Rights Act. Discrimination complaints filed by lesbian, gay, bisexual and transgender employees have led to several big settlements.

There is rarely a reason to note an employee’s age on official company documents. There’s no reason to list birthdates, for example, on seniority lists when seniority is based on years of service. Doing makes an age discrimination lawsuit more likely.

East San Jose-based Peters’ Bakery has agreed to settle charges the bakery’s owner verbally abused and harassed a Latina employee because of her national origin.

Some jobs require special government physical certifications as a pre-requisite to employment. These are generally designed to make sure the employee can safely perform a job that might otherwise put the public, or the employee, at risk of harm. What happens if such an employee becomes disabled?

The Office of Federal Contract Compliance Programs’ revised rules take effect today.
It’s usually hard for employees to win age discrimination lawsuits—unless a manager or supervisor insists on making ageist comments. These can create an age-based hostile work environment.
The EEOC has filed suit against a large Midwest McDonald’s franchisee that recently fired an employee who is HIV-positive and requires its employees to report all prescription medications they take.
The EEOC could well take the lead role in such a case—and it can throw almost unlimited legal and financial resources into its effort to beat you in litigation.
When it comes to retaliation, pay attention to how managers have disciplined in the past. Before approving a recommendation for discharge, you should check that history.
Employers sometimes have to make judgment calls: Is that misbehavior plain old horseplay … or a serious case of sexual harassment? The difference often comes down to context.
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