Title VII Civil Rights Act 1964: Federal law prohibiting 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 if performance issues are related to disability and possible accommodations.
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 if disciplinary action involves protected concerted activities.
Fair Labor Standards Act (FLSA): Federal law establishing wage, overtime, and recordkeeping requirements. Ensure any performance issues related to work hours/wages comply with FLSA.
State Employment Laws: Specific state labor codes and employment discrimination laws that may provide additional protections or requirements for disciplinary actions.
EEOC Guidelines: Federal documentation requirements and guidelines for fair employment practices, including proper documentation of disciplinary actions.
Due Process Requirements: Company policies, procedures, and handbook provisions that must be followed in disciplinary actions to ensure fairness and consistency.
Privacy Laws: Federal and state requirements for maintaining confidentiality of employee records and protecting personal information in disciplinary documentation.
Documentation Elements: Essential components including violation details, improvement requirements, consequences, employee response rights, and signature requirements.
