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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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If you think that you can forget about a discrimination dispute just because the employee doesn't file an EEOC complaint within the allotted time, you may be in for a surprise. As a new court ruling shows, the EEOC can sue your organization years, or even decades, after the alleged discrimination took place ...

Although it may be tempting to let unproven employees "try out" a promotion to see if they'll work out, be careful of the hidden legal risks. If you treat the acting supervisor differently than other promoted employees, you could end up on the wrong end of a discrimination suit ...

The EEOC just revamped its guidance on racial and color discrimination in the workplace. These changes signal increased race-bias enforcement, plus more EEOC attention to "subtle" discrimination ...

Giving employees nicknames may seem like harmless fun. But realize that giving the wrong nickname can lead to legal trouble. How? If a nickname singles out an employee in a legally protected category, a court may say the nickname contributes to creating discrimination or an illegal “hostile environment.” That may seem obvious in such cases […]

In a recent EEOC race discrimination settlement, Cracker Barrel agreed to pay more than $2 million to 51 current and former employees because of supervisors' actions at three of its Illinois restaurants ...

If an employee claims she was sexually harassed but the evidence shows that she gave as good as she got, you have a good defense in hand. As a new ruling shows, employees' sexual statements can be used against them when they sue for sexual harassment ...

The EEOC recently sent a powerful signal about its enforcement priorities when it published newly revised employer guidance on workplace race and color discrimination. The message: Employee complaints of race bias or color bias will be pushed to the top of the EEOC's inbox ...

When a sexual harassment accusation arises, employers often move into crisis mode. But don't try to push the problem off your plate by quickly jettisoning the employee via a kangaroo court ...

Q. I have a question about capping employees’ salaries when they reach the top of the pay scale. I’m concerned because the only employees affected are those with many years of service and who happen to be over age 40. Have we made a legal error? Some of the affected employees are angry and have mentioned discrimination based on the residual effect of the cap. —M.M., California

If you have a good business reason, you can require employees to speak English on the job. But don't go overboard. As a New York City hotel just found out, requiring English be spoken at all times, even in the employee breakroom, can spark an EEOC national-origin claim ...

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