Title VII of the Civil Rights Act of 1964: Federal law that prohibits discrimination in employment based on race, color, religion, sex, and national origin. Must be considered to ensure suspension is not discriminatory.
Americans with Disabilities Act (ADA): Federal law protecting individuals with disabilities from discrimination, including in employment decisions such as suspension.
Age Discrimination in Employment Act (ADEA): Federal law protecting workers 40 and older from age discrimination in employment decisions.
Family and Medical Leave Act (FMLA): Federal law ensuring job protection for eligible employees taking medical or family leave. Must verify suspension doesn't violate FMLA protections.
National Labor Relations Act (NLRA): Federal law protecting workers' rights to organize and engage in collective bargaining. Relevant for union employees facing suspension.
Fair Labor Standards Act (FLSA): Federal law governing wages and hours. Important for understanding payment obligations during suspension period.
State Labor Codes: State-specific employment laws that may provide additional protections or requirements for employee suspensions.
Employment Agreements: Existing contracts between employer and employee that may specify suspension procedures and rights.
Collective Bargaining Agreements: Union contracts that may contain specific provisions regarding employee suspension procedures and rights.
Company Policies: Internal workplace rules and procedures that govern the suspension process and must be followed consistently.
Due Process Requirements: Procedural safeguards including proper notice, opportunity to respond, and appeal rights, particularly important in public sector employment.
Constitutional Considerations: For public sector employees, constitutional rights including due process, First Amendment, and Fourth Amendment protections must be considered.
