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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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Many sexual harassment claims boil down to one employee’s word against the other’s. Without witnesses, you may not know how to proceed.
It’s hard enough to manage employees of any age. But when they’re significantly older than you, you’ve got an even more delicate situation.
If you terminate older workers, you may try to get them to waive their rights under the Age Discrimination in Employment Act in exchange for letting them keep their severance.
A 25-year-old can sue you for age discrimination, according to the New Jersey Supreme Court.
Beware of a probe recently launched by the Equal Employment Opportunity Commission.
When hiring, it’s OK to consider the likelihood that an applicant will file lawsuits against you.
If you manage an office staff, you may view safety as a distant concern. But just because you operate in a seemingly benign corporate environment doesn’t mean you should ignore health issues.
When you’re presented with an employment contract to sign, don’t just dwell on the noncompete clauses and confidentiality agreements.
Always apply the same type of disciplinary measures to “similarly situated” events.
Most of my employees are hard workers who keep their priorities straight. They don’t have time for distractions. They’re too busy producing results, making money and having fun. But I’ve occasionally squared off against what I call “petty plotters.” They’re the ones who find ways to avoid their work—from threatening to sue the firm on trumped-up charges to stretching federal or state labor laws to the limit.
After waves of downsizing in recent years, many companies are now reversing course and filling job openings like mad. If you’re ramping up your recruiting, you may wonder whether to rehire former employees.
 If you’re ramping up your recruiting, you may wonder whether to rehire former employees.
The courts have begun to apply the Supreme Court’s broad new standards on sexual harassment to other types of discrimination.
When an employee files an EEOC claim alleging mental distress, you now have grounds to review the individual’s medical records to examine her emotional history.
Talk with your attorney first. You’ll need a justifiable business reason to establish an English-only rule.
New federal rules regarding mentally ill employees have made the Americans with Disabilities Act even more complicated for some employers.
Some people may have valid reasons for missing lots of work—such as illness—and federal and state laws largely determine how you can respond. But others may simply skip out without an excuse.
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