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The most recent enforcement and litigation data released by the Equal Employment Opportunity Commission (EEOC) confirm that employment-related liabilities remain one of the most significant risks facing employers. Controlling these risks requires an understanding of what employers can and cannot do under the various equal employment opportunity laws enforced by the EEOC, including:

• Title VII of the Civil Rights Act (Title VII)
• the Pregnancy Discrimination Act
• the Equal Pay Act (EPA)
• the Age Discrimination in Employment Act (ADEA)
• the Americans with Disabilities Act (ADA)
• the Genetic Information Nondiscrimination Act (GINA).

These laws generally make it illegal for employers to discriminate on the basis of a person’s protected characteristic, such as an employee’s or applicant’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to retaliate against a person because he or she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

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Though dealing with a disgruntled employee can be hard, various anti-retaliation protections make it even harder when an employee’s complaints or conduct is protected by law. A 2013 Congressional Report identified 40 different federal whistleblower and anti-retaliation laws, including:

• Age Discrimination in Employment Act (ADEA)
• Americans with Disabilities Act (ADA)
• Commercial Motor Vehicle Safety Act
• Consumer Financial Protection Act
• Consumer Product Safety Act
• Dodd-Frank Wall Street Reform and Consumer Protection Act
• Employee Polygraph Protection Act (EPPA)
• Employee Retirement Income Security Act (ERISA)
• Fair Labor Standards Act (FLSA)
• Family and Medical Leave Act (FMLA)
• FDA Food Safety Modernization Act
• Occupational Safety and Health Act (OSHA)
• Affordable Care Act (ACA)
• Sarbanes-Oxley Act
• Title VII of the Civil Rights Act
• Uniformed Services Employment and Reemployment Rights Act (USERRA)

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Chances are there is a bully in your workplace, and that’s bad for business. The Workplace Bullying Institute (WBI) defines bullying as repeated mistreatment involving physically or verbally abusive conduct that is threatening, intimidating or humiliating, or that interferes with or prevents work from getting done. According to the WBI’s 2014 Workplace Bullying Survey:

• 27% are or have been victims of workplace bullying
• 21% have witnessed workplace bullying
• 23% are aware of workplace bullying
• 65 million workers are affected by workplace bullying

Though the frequency of workplace bullying may come as a surprise to some, the consequences should not. Workplace bullying typically increases employee turnover, decreases productivity, reduces job satisfaction, undermines morale, increases workers’ compensation costs and increases employment-related litigation costs.

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