Title VII of the Civil Rights Act 1964: Federal law that prohibits employment discrimination based on race, color, religion, sex, and national origin. Must be considered when drafting disciplinary letters to ensure no discriminatory language or actions.
Americans with Disabilities Act (ADA): Federal law protecting qualified individuals with disabilities from discrimination. Disciplinary actions must consider reasonable accommodations and avoid discrimination based on disabilities.
Age Discrimination in Employment Act (ADEA): Federal law protecting workers 40 and older from age discrimination. Disciplinary actions must be applied consistently regardless of age.
National Labor Relations Act (NLRA): Federal law protecting employees' rights to organize and engage in collective bargaining. Disciplinary actions must not interfere with protected concerted activities.
Fair Labor Standards Act (FLSA): Federal law establishing wage, overtime, and employment standards. Relevant when disciplinary actions involve work hours or compensation issues.
State Employment Laws: Various state-specific labor codes and anti-discrimination laws that may provide additional protections beyond federal law. Must be considered based on jurisdiction.
Company Policies: Internal workplace rules and procedures that must be followed consistently in disciplinary actions, including progressive discipline policies and established procedures.
Documentation Requirements: Legal and organizational requirements for maintaining records of disciplinary actions, including specific incidents, dates, and progressive discipline steps.
Privacy Laws: Federal and state laws governing the confidentiality of employee information and personal data protection in disciplinary documentation.
Due Process Considerations: Requirements for fair treatment in disciplinary procedures, including employee's right to respond, appeal processes, and clear communication of expectations and consequences.
