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, including in disciplinary processes.
National Labor Relations Act (NLRA): Federal law governing labor relations and protecting workers' rights to organize. Must be considered in disciplinary actions.
Fair Labor Standards Act (FLSA): Federal law establishing wage, overtime, and employment standards that might be relevant to certain disciplinary situations.
State Employment Laws: Specific state-level labor laws and workplace regulations that vary by jurisdiction and must be complied with in disciplinary actions.
Company Policies: Internal policies including employee handbook, disciplinary procedures, progressive discipline policies, and code of conduct that must be followed.
Due Process Requirements: Procedural requirements including documentation, employee's right to respond, and appeal procedures that must be followed in disciplinary actions.
Union Considerations: If applicable, collective bargaining agreements and union representation rights that must be respected during disciplinary processes.
Documentation Requirements: Specific requirements for documenting incidents, previous warnings, performance improvement expectations, and consequences of continued misconduct.
Privacy Laws: Laws governing employee confidentiality and record-keeping requirements in disciplinary matters.
