what is protocol when a person with a disablity is called "retard" and "hit" by employees in the work place
State/Country relating to question: New Jersey
went to head of personal...who said it was investigated and it was all in good fun...physical marks were left on body (brusing)
Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.
There is no legally imposed protocol or action that has to take place. There are simply "best practices."
It is advisable for the employer to investigate the situation, document the results and then to issue some sort of corrective action (taking into consideration previous disciplinary actions taken within the office, so as to keep the issued punishments in an appropriate relationship with each other).
An employer is not legally required to terminate the employee, though given the actions it would be my recommendation to the employer to do so. If the disabled employee is not satisfied with the response of the employer, he/she can always file an EEOC complaint.
doesnt the EEOC represent federal employees only?
No, that is not true. The EEOC is a federal agency that investigates all discrimination matters in each state.
Employment/Labor Law Litigation
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