Title VII of the Civil Rights Act of 1964: Federal law that prohibits employment discrimination based on race, color, religion, sex, and national origin. Must ensure disciplinary action is non-discriminatory.
Americans with Disabilities Act (ADA): Federal law protecting individuals with disabilities from discrimination in employment. Must consider if performance issues are related to any disabilities and possible accommodations.
Age Discrimination in Employment Act (ADEA): Federal law protecting workers 40 and older from age discrimination. Ensures disciplinary actions are not age-based.
National Labor Relations Act (NLRA): Federal law protecting employees' rights to organize and engage in collective bargaining. Must ensure disciplinary action doesn't violate protected concerted activities.
State Labor Codes: State-specific employment laws that may impose additional requirements for disciplinary actions and documentation.
State Employment Discrimination Laws: State-specific laws that may provide additional protections against discrimination beyond federal law.
State Documentation Requirements: State-specific requirements for maintaining employee records and documentation of disciplinary actions.
Fair Labor Standards Act (FLSA): Federal law requiring specific record-keeping requirements for employee-related documentation.
Due Process Considerations: Legal principle requiring fair treatment in disciplinary procedures, including clear documentation, reasonable improvement opportunities, and possible appeal procedures.
At-Will Employment Doctrine: Legal principle stating employment relationship can be terminated by either party at any time, must be preserved in disciplinary documentation.
Company Policies: Internal organizational policies including progressive discipline procedures and employee handbook provisions that must be followed.
Collective Bargaining Agreements: If applicable, union contracts that may specify required procedures and protections in disciplinary actions.
