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 the performance warning is not discriminatory in nature.
Americans with Disabilities Act (ADA): Federal law requiring reasonable accommodations for employees with disabilities. Performance warnings must consider if poor performance is related to a disability that requires accommodation.
Age Discrimination in Employment Act (ADEA): Federal law protecting workers 40 and older from age discrimination. Performance warnings must be based on objective criteria, not age-related bias.
National Labor Relations Act: Federal law governing union relations. Must be considered if the employee is unionized, as specific procedures may be required under collective bargaining agreements.
State Employment Laws: Various state-specific regulations that may affect employment documentation, protection requirements, and progressive discipline policies.
Company Policy Compliance: Internal policies including performance management procedures, progressive discipline policies, and employee handbook guidelines that must be followed.
Documentation Requirements: Necessary records including performance evaluations, previous warnings, specific incidents with dates, and clearly defined performance improvement expectations.
Due Process Considerations: Requirements for fair treatment including clear communication, specific examples, concrete improvement steps, and reasonable timeframes for improvement.
