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 warning notice doesn't show discriminatory intent or disparate treatment.
Americans with Disabilities Act (ADA): Federal law protecting rights of employees with disabilities. Warning must consider reasonable accommodations and not discriminate based on disability status.
Age Discrimination in Employment Act (ADEA): Federal law protecting employees 40 and older from age discrimination. Disciplinary actions must be consistently applied regardless of age.
National Labor Relations Act (NLRA): Federal law protecting employees' rights to organize and engage in protected concerted activities. Warning cannot be in retaliation for protected activities.
Fair Labor Standards Act (FLSA): Federal law establishing wage, overtime, and recordkeeping requirements. Relevant for any performance issues related to time, attendance, or wage-related matters.
State Labor Codes: State-specific employment laws that may provide additional employee protections or specific requirements for disciplinary actions.
EEOC Documentation Guidelines: Federal guidelines for maintaining proper employment records and documentation of disciplinary actions to demonstrate non-discriminatory practices.
Collective Bargaining Agreement Requirements: If applicable, union contract provisions regarding disciplinary procedures, employee rights, and progressive discipline steps must be followed.
Company Policy Compliance: Internal policies and procedures regarding progressive discipline, including adherence to employee handbook provisions and established HR protocols.
Due Process Considerations: Legal requirements for fair treatment including employee's right to respond, proper documentation of incidents, and clear communication of performance expectations.
