Discrimination and Harassment Questions & Answers

This section helps you understand questions like how far you must go in accommodating a worker with a disability and your obligations should someone complain of harassment.

Disabilities

• Are there any circumstances where I can refuse to hire an individual because of his/her disability?
• If a disabled person applies for a job, do I have to choose him or her over other candidates?
• What employment laws protect disabled individuals and which employers are covered?

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Essential Functions

• Can I refuse to hire applicants who have heavy foreign accents or who are not highly fluent in English?
• How do I know what the essential functions of a job are?
• If a disabled person applies for a job, do I have to choose him or her over other candidates?

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Investigations

• Do I have to investigate every claim of harassment?

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Reasonable Accommodation

• Am I required to let an employee telecommute if he or she wants to?
• Are there any circumstances where I can refuse to hire an individual because of his/her disability?
• Do I have to keep an employee with a serious health condition on the job?
• How do I know what the essential functions of a job are?
• If a disabled person applies for a job, do I have to choose him or her over other candidates?

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Sexual Harassment

• How do I know if something an employee says or does actually constitutes sexual harassment?
• What if an employee tells you that he/she is being sexually harassed but does not want you to do anything?
• Is there a required poster and/or pamphlet about sexual harassment?
• Who is liable for sexual harassment? The employer? The supervisor? The harassing employee?
• Can I be liable if my employee is being sexually harassed by a non-employee, such as a customer or client, or delivery person?

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Types of Discrimination

• May my dress code have different requirements for men and women without violating discrimination laws?
• Do all companies have to comply with discrimination laws?
• Is there protection for applicant not hired because of no driver's license?
• What are the protected classes under the state and federal discrimination laws?

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Workers' Compensation

• Can an employee who is injured at work recover damages under workers' comp and claim disability discrimination?
• Can I fire an injured worker?
• Can I fire someone while they are on workers' compensation?
• Do disability discrimination laws protect a person recovering from an injury?
• What can I do with an employee who is on workers' comp but who is part of a work unit I need to lay off?

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