Title VII of the Civil Rights Act 1964: Federal law that prohibits discrimination in disciplinary processes based on race, color, religion, sex, or national origin. Must be considered to ensure the disciplinary action is not discriminatory.
Americans with Disabilities Act (ADA): Federal law requiring reasonable accommodations for disabled employees during disciplinary processes and ensuring no discrimination based on disability.
Age Discrimination in Employment Act (ADEA): Federal protection against age discrimination for workers 40 and older. Must be considered to ensure disciplinary action is not age-discriminatory.
National Labor Relations Act (NLRA): Federal law protecting employees' rights to organize and bargain collectively. Relevant for union-represented employees' rights during disciplinary proceedings.
Fair Labor Standards Act (FLSA): Federal law governing wages and hours. Relevant if disciplinary action involves pay-related issues or work time violations.
State Employment Laws: Specific state-level labor codes and employment discrimination laws that may provide additional protections or requirements for disciplinary proceedings.
Company Policies: Internal company procedures, employee handbook provisions, and collective bargaining agreements that govern disciplinary processes.
Due Process Requirements: Legal requirements for fair procedure including notice, right to representation, response timeframes, and appeal procedures.
Documentation Requirements: Legal necessity to maintain records of previous warnings, performance reviews, incident reports, and witness statements related to the disciplinary action.
Privacy Laws: Regulations governing confidentiality and protection of personal data during disciplinary proceedings.
