Title VII of the Civil Rights Act of 1964: Federal law that prohibits discrimination in disciplinary actions based on race, color, religion, sex, or national origin. Must ensure the disciplinary action is not discriminatory in nature.
Americans with Disabilities Act (ADA): Federal law requiring consideration of reasonable accommodations for disabled employees before taking disciplinary action, and ensuring actions are not based on disability status.
Age Discrimination in Employment Act (ADEA): Federal law protecting workers 40 and older from age discrimination in disciplinary processes.
National Labor Relations Act (NLRA): Federal law protecting employees' rights to organize and engage in protected concerted activities, which must be considered in disciplinary actions.
Fair Labor Standards Act (FLSA): Federal law governing wage and hour requirements that may be relevant if disciplinary action involves pay or working hours.
State Employment Laws: Various state-specific labor codes and anti-discrimination laws that may provide additional employee protections or requirements for disciplinary documentation.
Company Policy Compliance: Internal policies, employee handbook guidelines, and progressive discipline procedures that must be followed consistently.
Documentation Requirements: Legal necessity to maintain clear records of incidents, including dates, times, details of violations, previous warnings, and performance improvement expectations.
Due Process Procedures: Requirements for fair treatment including employee's right to respond, proper investigation procedures, and availability of appeal processes.
Collective Bargaining Agreements: If applicable, union contract terms and representation rights that must be honored during disciplinary processes.
Privacy Laws: Federal and state requirements regarding confidentiality and protection of personal information in disciplinary documentation.
