Title VII of the Civil Rights Act: Federal law prohibiting employment discrimination based on race, color, religion, sex, and national origin. Must ensure disciplinary action is not discriminatory.
Americans with Disabilities Act (ADA): Federal law protecting individuals with disabilities from discrimination, including in disciplinary actions. Must consider reasonable accommodations.
Age Discrimination in Employment Act (ADEA): Federal law protecting workers 40 and older from age discrimination. Disciplinary actions must be applied consistently regardless of age.
National Labor Relations Act (NLRA): Federal law protecting employees' rights to organize and engage in collective bargaining. Disciplinary actions must not violate these rights.
Fair Labor Standards Act (FLSA): Federal law establishing wage, hour, and overtime standards. Disciplinary actions cannot violate minimum wage or overtime provisions.
State Employment Laws: Varies by state but may include additional anti-discrimination provisions, notice requirements, and modifications to at-will employment doctrine.
Company Policies: Internal progressive discipline policies, employee handbook provisions, and collective bargaining agreements that must be followed in disciplinary actions.
Due Process Requirements: Procedures ensuring fair treatment including documentation, employee response rights, clear communication of infractions, and specific improvement expectations.
Documentation Standards: Requirements for recording incident details, previous warnings, performance improvement expectations, and consequences of future infractions.
Privacy Laws: Regulations governing confidentiality, record-keeping, and access to personnel files during disciplinary processes.
