Title VII Civil Rights Act 1964: Federal law prohibiting employment discrimination based on race, color, religion, sex, and national origin. Must be considered to ensure demotion is not discriminatory.
ADEA: Age Discrimination in Employment Act protects workers 40 and older from age discrimination. Demotion must not be based on age.
ADA: Americans with Disabilities Act requires reasonable accommodations and prevents discrimination against disabled employees. Demotion must not violate ADA protections.
Equal Pay Act: Federal law requiring equal pay for equal work regardless of gender. Demotion and associated pay changes must comply with equal pay requirements.
FLSA: Fair Labor Standards Act governs wage and hour requirements. New role and compensation after demotion must comply with minimum wage and overtime rules.
State Labor Laws: Specific state-level employment regulations that vary by jurisdiction. Must comply with applicable state-specific requirements for demotions.
Employment Agreements: Existing employment contracts and collective bargaining agreements that may restrict or regulate demotion procedures.
Documentation Requirements: Performance reviews, progressive discipline records, and business necessity documentation needed to support demotion decision.
Risk Management: Considerations for preventing discrimination claims, constructive discharge risks, retaliation claims, and wrongful demotion claims.
