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 disciplinary actions are non-discriminatory and consistently applied.
Americans with Disabilities Act (ADA): Federal law protecting individuals with disabilities from discrimination. Consider reasonable accommodations when evaluating performance issues.
Age Discrimination in Employment Act (ADEA): Federal law protecting workers 40 and older from age discrimination. Ensure disciplinary actions are not age-biased.
National Labor Relations Act (NLRA): Federal law protecting employees' rights to organize and engage in collective bargaining. Consider union representation rights in disciplinary proceedings.
Fair Labor Standards Act (FLSA): Federal law establishing wage, hour, and overtime standards. Ensure any performance issues related to work hours or compensation comply with FLSA.
State Employment Laws: Various state-specific labor codes and anti-discrimination laws that may provide additional employee protections beyond federal law.
Company Policy Compliance: Internal policies including disciplinary procedures, handbook guidelines, and progressive discipline protocols that must be followed.
Documentation Requirements: Proper documentation of incidents, previous warnings, performance improvement plans, and related communications for legal compliance.
Due Process Rights: Employee rights including the opportunity to respond to allegations and seek representation where applicable.
Privacy Laws: Requirements for maintaining confidentiality of disciplinary actions and proper management of personnel records.
