Title VII of the Civil Rights Act: Federal law prohibiting 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. Consider if performance issues are related to any disabilities requiring accommodation.
Age Discrimination in Employment Act (ADEA): Federal law protecting workers 40 and older from age discrimination. Ensure disciplinary actions are not age-related discriminatory.
National Labor Relations Act (NLRA): Federal law protecting employees' rights to organize and engage in collective bargaining. Consider if disciplinary action involves protected concerted activities.
Fair Labor Standards Act (FLSA): Federal law establishing wage, overtime, and employment standards. Ensure any performance issues related to work hours/wages comply with FLSA.
State Employment Laws: Various state-specific labor codes, anti-discrimination laws, and employment at-will provisions that may affect disciplinary procedures.
Company Policy Compliance: Internal policies, progressive discipline procedures, and employee handbook provisions that must be followed in disciplinary actions.
Documentation Requirements: Need for clear records of incidents, specific dates, details, and documentation of previous warnings or counseling sessions.
Due Process Considerations: Requirements for fair treatment including employee's right to respond, established grievance procedures, and maintaining confidentiality.
Union Considerations: If applicable, requirements under collective bargaining agreements, union representation rights, and specific progressive discipline procedures.
Employment Contract Compliance: Review and compliance with any existing employment agreements or contractual obligations affecting disciplinary procedures.
