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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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Q. We run an amusement park. We have many jobs that can only be done by people of certain ages. For some jobs, employees must be at least 15, while others have minimum ages of 16, 18 and 21. What is the legal way for us to verify the age of an applicant on an employment application in Ohio? ...
We’ve all encountered the type: employees who are smart—and know it. They work hard and produce results. But they are so arrogant, so abrasive and so insistent that their way is the right way that they kill morale. You don’t have to keep them on just because they meet or even exceed business goals ...
Title VII of the Civil Rights Act (the legal basis of many discrimination lawsuits) applies to anyone over whom an employer exercises control—that is, dictating the “manner and means” by which the individual performs the job. That means the law may cover even an otherwise independent contractor ...
Sometimes, despite uncertainty about whether or not discrimination has occurred, you still may have to fire an employee. But what if you turn out to be wrong? Will that mean a huge punitive damages award? Not if you can show that before the decision was made, you consulted an attorney. That’s right: Calling in the lawyers is the best insurance—if you do it right ...
Not every mental or physical condition is a disability under the ADA. Consider claustrophobia. Though the condition, which involves the inability to remain in a confined space such as an elevator, may be a legitimate psychiatric condition, it does not necessarily prevent those who suffer from it from living a relatively normal life ...
You probably have had people who claim they are disabled apply for open positions with your organization. How you handle each application can have a great impact: If you handle them incorrectly, you’re asking for a lawsuit. That’s why it’s crucial for HR to monitor what happens to each employment application ...
Eugene Gates Jr. had worked in a Charlotte, N.C., grocery store for nearly 40 years when it was purchased by Compare Foods, based in Freeport, N.Y. Shortly after the buyout, Compare cut his hours in half and gave his shifts to a young Hispanic worker ...
As employers, we would like to think employees would be grateful for bonuses no matter the amount. But employees may perceive a smaller than expected bonus (or a bonus denied) as retaliation for engaging in protected activity ...
When an employee sues for an alleged discriminatory firing, the court will want to see the employee’s evaluation. A sterling evaluation and high praise quickly cast doubt on a termination supposedly based on poor performance. How, then, can you encourage honest evaluations? Have employees identify their own weaknesses and address those in their performance evaluations ...
While employee handbooks are essential, be careful. If they are worded improperly, they can tie employers’ hands—and may even create employment contracts that remove the at-will status that allow employees to be terminated for any legal reason ...
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