Title VII Civil Rights Act 1964: Federal law that prohibits employment discrimination based on race, color, religion, sex, and national origin. Must be considered to ensure disciplinary action is non-discriminatory.
Americans with Disabilities Act (ADA): Federal law requiring reasonable accommodations for disabled employees and protecting against disability-based discrimination in disciplinary actions.
Age Discrimination in Employment Act (ADEA): Federal law protecting workers 40 and older from age discrimination. Must ensure disciplinary actions are not age-biased.
National Labor Relations Act (NLRA): Federal law protecting employees' rights to organize and engage in protected concerted activities. Disciplinary actions cannot be in retaliation for union activities.
Fair Labor Standards Act (FLSA): Federal law establishing wage, hour, and overtime standards. Relevant when disciplinary actions involve work hours or compensation issues.
State Employment Laws: Varying by state, these laws may provide additional employee protections and specific requirements for disciplinary procedures.
Company Handbook Policies: Internal policies and procedures that must be followed consistently in disciplinary actions to avoid claims of unfair treatment.
Progressive Discipline Policy: Company-specific policy outlining the steps and procedures for escalating disciplinary actions.
EEOC Guidelines: Federal guidelines for maintaining non-discriminatory workplace practices and proper documentation of disciplinary actions.
Documentation Requirements: Legal requirements for maintaining accurate records of disciplinary actions, including incident reports, warnings, and communications.
Privacy Laws: Federal and state laws governing the confidentiality and handling of employee information in disciplinary proceedings.
Due Process Requirements: Legal obligations to provide employees with fair notice, opportunity to respond, and consistent application of disciplinary procedures.
