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Supervisor or not a supervisor? Answer could be costly for businesses


November 27, 2012 by Lee James

Rarely have the legal stakes been higher for businesses in identifying who qualifies as a “supervisor” and who doesn’t: A bias case being brought before the Supreme Court could have far-reaching impact on how companies hire, fire and discipline employees.

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EEOC wins again: IHOP settles million-dollar harassment suit


November 26, 2012 by Lee James

The Equal Employment Opportunity Commission (EEOC) effort to bring large employers to justice for sexual harassment allegations has claimed another victory: The owner of several IHOP restaurants in New Mexico will pay $1 million to settle a sex discrimination lawsuit.

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Boss smacked her on the butt — you might be surprised what happened next


October 26, 2012 by Lee James

A male boss smacks a woman who works for him on the on the butt: no-brainer case of sexual harassment, right?

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Red-coated Mounties have red faces over ‘workplace issues’


July 6, 2012 by Lee James

Workplace bullying. Sexual harassment. Airing the employer’s dirty laundry in public. Typical problems you hear about on the job — but you wouldn’t expect to hear from the “always get their man” Mounties!

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You can’t stop behavior you didn’t know about: Company off the hook


April 2, 2012 by Lee James

It’s known that an ounce of prevention — a solid and sensible behavior policy — can help you avoid the headache of losing a court battle. A recent case was a textbook example of how one business made all the right decisions — and finally won the legal battle.

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Frivolous harassment claims: Can you discipline accusers?


February 13, 2012 by James Russo

Everyone knows the rules prohibiting retaliation against employees who file a complaint. But what about unfounded complaints?

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How EEOC’s enforcement plan affects you


February 8, 2012 by James Russo

The Equal Employment Opportunity Commission has released a draft of its strategic plan. Amid the jumble of government-ese are at least three clear warning signs to employers about the effects on the workplace.

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The best defense against common retaliation claims


January 9, 2012 by James Russo

Fact: The majority of employee lawsuits originate in claims of retaliation, not in actual claims of discrimination or harassment. Why is that? And what can you do to keep the trend from spreading to your workplace?

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Tell your managers: ‘Don’t say this’


December 12, 2011 by James Russo

Let’s say an employee decides to sue your company. Let’s say the manager involved makes one of these three statements. Now let’s say your company will end up writing a big check to the employee.

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The 3 worst mistakes when investigating a workplace incident


August 15, 2011 by James Russo

One employee charges another with discrimination or harassment or you-name-it. Now it’s your job to get to the bottom of the charge. Here’s what not to do.

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