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The Employer Handbook Blog

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If an attorney investigates workplace harassment, must the company share the report if it is later sued?

Image Credit: Pixabay.com (https://pixabay.com/en/audit-investigation-searching-3608131/) One of your employees just complained to human resources that a co-worker sexually harassed her. As a responsible employer, you decide not only to investigate the complaint but to engage outside counsel to lead the investigation. Outside counsel investigates. When the investigation ends, outside counsel creates an…

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#MeToo began in late 2017. But, was there really a new surge of sexual harassment claims since? Let’s find out…

Image Credit: Pixabay.com (https://pixabay.com/en/metoo-women-harassment-sexual-2859980/) Yesterday, the U.S. Equal Employment Opportunity Commission released some preliminary sexual harassment data for the fiscal year 2018.  Based on preliminary data, in FY 2018: The EEOC filed 66 harassment lawsuits, including 41 that included allegations of sexual harassment. That reflects more than a 50 percent increase…

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Deaf lifeguards, deaf truck drivers, and the dangers of stereotyping an individual with a disability.

Image Credit: Pixabay.com (https://pixabay.com/en/truck-18-wheeler-freight-shipping-309398/) If you’ve been to one of my live Americans with Disability Act HR presentations, you’ve heard talk about a deaf lifeguard. (If you haven’t and want a copy of my presentation, well, all you have to do is ask.) In Keith v. County of Oakland, a…

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What have I done? For the love of Fair Credit Reporting Act!!!

Image Credit: Pexels.com (https://www.pexels.com/photo/bed-bedroom-room-furniture-2705/) Last night, I had trouble sleeping. After a long weekend in Nashville, followed by a full day of presentations yesterday to a fantastic audience at the SHRM Lehigh Valley October Conference, capped off by a late evening rainstorm, I should’ve slept like a baby. But, I…

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Is it retaliation to fire an HR employee for encouraging a co-worker to file an EEOC charge? Well…

By dconvertini (Nashville, Tennessee, USA) [CC BY-SA 2.0 ], via Wikimedia CommonsI was going to begin this post by telling you more about my weekend trip to Nashville. But since I can hear the sound of thousands of pearls being clutched, I’m not going to bury the lede. A company…

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Thank you for your comments on whether “overqualified” is code for age discrimination

By dconvertini (Nashville, Tennessee, USA) [CC BY-SA 2.0 ], via Wikimedia CommonsGreetings from Nashville, Tennessee. Every once in a while some of my high school friends and I motivate and plan a road trip to coincide with a Philadelphia Eagles road game. This year, we followed the Birds to Nashville…

Posted in: Age
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Is “overqualified” code for age discrimination?

Image Credit: Pixabay.com (https://pixabay.com/en/pole-vault-pole-vaulting-pole-vault-2644697/) There are two sides to this argument. Let’s explore them. “Overqualified” Is Just Another Word For Age Discrimination. I like reading the eponymous The Tim Sackett Project. Tim is a shining star in the HR community and someone with whom I enjoy catching up at HR events…

Posted in: Age
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Eric’s Wild-n-Crazy HR-Compliance Road Show – Coming atcha!

If my wide open collar and disco moves aren’t “gritty” enough for you, well, I can fix that. I can guarantee you this assuming that you recover from the hysterical blindness, I’m told it’s only temporary. We’ll have some fun at these October events. And I’ll teach you a thing or two…

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The EEOC accused a law firm of defending its pregnancy discrimination with more pregnancy discrimination.

Image Credit: Pixabay.com (https://pixabay.com/en/bookcase-law-firm-attorney-335850/) I don’t know how else to describe it. So, I’m going to quote from the EEOC’s press release, but I’ll conceal the name of the law firm. The law firm that paid $30,000 to settle with the EEOC: The [] Law Firm has agreed to pay $30,000 and…

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11 steps that you can take now to reduce harassment in your workplace

By Derek Jensen (Tysto) – Own work, Public Domain, Link That sounds more “glass-half-full” than “Don’t be like the Dallas Mavericks: 11 ways to avoid a Sports Illustrated report chronicling twenty years of allegations of sexual harassment and mismanagement in your workplace.” Yeah, I’m comfortable with the title of today’s blog post.…