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Discrimination / Harassment

Employers don’t always have to be right, just honest

04/01/2007

When you know it’s time to discharge an employee, don’t let excessive fear of a lawsuit immobilize you. The fact is, employers do make mistakes, but not all their errors lead to liability …

Wear two hats in evaluating harassment complaint

04/01/2007

If your HR job includes evaluating claims of sexual harassment and hostile environment, it’s a good idea to approach investigations from two separate but related angles …

Swift response is key to derailing harassment claim

04/01/2007

When a co-worker launches a harassment campaign, you must act fast or risk a hostile-environment lawsuit. That means all your managers must know the drill to follow the moment they get wind of harassment …

Highway Patrol Officer Sues for Gender Discrimination (Again)

04/01/2007

The Florida Highway Patrol’s highest-ranking female officer has filed a gender-discrimination suit against the department for firing her last year …

Female farm workers settle landmark sex harassment case

04/01/2007

Gargiulo Inc., one of Florida’s largest fruit and vegetable wholesalers, will pay $215,000 to settle sexual harassment lawsuits on behalf of female Haitian workers at its tomato packinghouse in Immokalee …

Affirmative Action

03/18/2007

HR Law 101: Affirmative action programs are usually designed to give a short-term preference to members of a historically disadvantaged group. In theory, these efforts are intended to level the playing field and help overcome the results of past discrimination …

Respond to shifting burdens of proof in discrimination lawsuits

03/17/2007
Over the years, the Supreme Court has developed a framework for testing whether an employer’s actions are evidence of discrimination or the result of legitimate business practices. The test has three parts that shift the burden of proof of wrongdoing back and forth between the plaintiff and the employer.

Employment Laws: Compliance Thresholds

03/15/2007
White Paper published by The HR Specialist, copyright 2007 ______________________ Federal employment laws can be terribly confusing, particularly because they often have different definitions for the size of a business that is exempt from the law. Use the following list to make sure you’re not spending time and money complying with laws that only apply […]

Damages and Jury Trials

03/15/2007

HR Law 101: Since passage of the 1991 Civil Rights Act, jury trials now are allowed when the plaintiff alleges intentional discrimination and seeks compensatory or punitive damages. However, a jury can’t be told of the statutory limits on the amount of compensatory and punitive damages it can award …

ADA: Drug and Alcohol Addiction

03/12/2007
HR Law 101: The ADA protects recovering and former addicts, but not current users of illegal drugs. The law also covers workers who are alcoholics, but that doesn't mean you have to tolerate them coming to work drunk …