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 not discriminatory in nature.
Americans with Disabilities Act (ADA): Federal law protecting individuals with disabilities from discrimination. Must consider if unprofessional behavior is related to a protected disability.
Age Discrimination in Employment Act (ADEA): Federal law protecting workers 40 and older from age discrimination. Ensure disciplinary actions are not age-biased.
National Labor Relations Act: Federal law governing labor relations and union activities. Important if employee is unionized as specific procedures may apply.
State Labor Codes: State-specific employment laws that may provide additional employee protections or requirements for disciplinary actions.
State Anti-Discrimination Laws: State-specific laws that may provide broader discrimination protections than federal law.
Company Handbook Provisions: Internal company policies and procedures regarding employee conduct and disciplinary actions.
Progressive Discipline Policy: Company's established system of graduated disciplinary actions, from verbal warnings to written warnings to termination.
Documentation Requirements: Legal necessity to maintain proper records of incidents, warnings, and disciplinary actions for potential legal defense.
Due Process Considerations: Employee's right to respond to allegations and receive fair treatment in disciplinary proceedings.
Employment Contract Terms: Specific disciplinary procedures and requirements outlined in individual employment agreements or collective bargaining agreements.
At-Will Employment Status: Legal doctrine in most US states allowing employment termination for any legal reason, while still requiring non-discriminatory basis.
