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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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In December, the EEOC issued new guidance on employment tests and selection procedures under three laws: Title VII of the Civil Rights Act, the Age Discrimination in Employment Act and the Americans with Disabilities Act. The key to complying is to make sure each employment test is directly job-related and focuses on business necessity ...
You know it’s illegal under Title VII to discriminate against employees based on their race, sex, age and other protected characteristics. But a smattering of new court cases seem to expand that protection further—and create a new employment-law risk ...
It’s legitimate to discipline or fire employees who behave badly. But employers that mandate suspension or termination for rule violations must apply the policy to everyone who violates the same rule. Then they should follow up with a prompt and thorough investigation into exactly what happened ...
Sometimes, a sexual harassment or other discrimination complaint ends up revealing more about the person complaining than it does about the alleged offense. If you conduct a fair, impartial and prompt investigation and discover that the problem is with the person making the complaint, you can take action ...
It isn’t unusual for fathers to have extensive child care responsibilities. Make sure your policies recognize that fact. Don’t succumb to stereotypical thinking. For example, if you waive some work requirements so mothers can pick up their kids from day care, give fathers the same flexibility ...
Employees who have disabilities sometimes pose special challenges. Accommodating their work restrictions requires diligence and flexibility. That doesn’t mean, however, that you should ignore declining performance ...
Minnesota employers, take note: Courts don’t take kindly to employers that try to sue their employees for negligence as a counterclaim to a discrimination lawsuit. In fact, Minnesota law requires employers to indemnify employees for costs associated with a lawsuit filed because of the employee’s alleged wrongdoing ...
Employers may think last year’s U.S. Supreme Court Ledbetter decision means employees can’t wait years before complaining about sex discrimination if the issue is pay. Surprise! It’s not always true ...
Title VII forbids employers from basing employment decisions on an individual’s race, color, religion, sex or national origin. But the U.S. Supreme Court has twice upheld an employer’s right to voluntarily adopt race- and gender-conscious employment policies that the employer thinks will remedy inherent work force imbalances ...
Federal anti-discrimination law gives employees either 180 or 300 days (depending on the state they live in) to file an employment discrimination claim with the EEOC. Pro-employee legislation that aimed to extend that limit much further failed in Congress this month.
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