Employee discipline is a crucial aspect of managing a workplace, but it can be tricky from a legal standpoint. When management needs to correct or punish an employee’s behavior, they have to be careful to follow the law and treat everyone fairly.
To ensure your disciplinary policies are fair, consistent and—most importantly—lawful, here are several legal considerations you need to keep in mind.
Disciplinary actions should not be based on discrimination or retaliation
When you discipline an employee, it should never be because of their:
- Race or ethnicity
- Gender or gender identity
- Sexual orientation
- Age
- Religion
- Disability
- National origin
Rather, disciplinary actions should only be about an employee’s work performance or conduct. Otherwise, you could be at risk for a discrimination claim.
Similarly, you must not discipline an employee for reporting discrimination, participating in a discrimination action or being against discrimination. Doing so may be considered retaliation, which is illegal.
You must have a written policy, and employees should know about it
In your employee handbook, you can include grounds for disciplinary actions, progressive discipline steps and what employees can expect during the process.
For example, you can specifically state that being late to work for three days straight is grounds for discipline. Furthermore, you can outline the stages of discipline, such as:
- A verbal warning
- A written warning
- Suspension
- Termination
Of course, your employees must be aware of these policies to avoid confusion. Most employers will discuss these rules during the onboarding process.
Discipline must be consistent across all employees
If two employees commit the same misconduct, they should get the same punishment, no matter who they are. Consistency in discipline helps everyone feel that the rules apply equally to all employees.
Additionally, it can help prevent claims of discrimination. For instance, suppose two male employees consistently come in late for the past week and have received verbal warnings. The supervisor, frustrated with the tardiness, decides to suspend the next tardy employee.
If that employee happens to be female, they can file a claim for gender-based discrimination. But even if they were male, the employee may feel that the management is unfair and playing favorites.
Employee discipline is more complicated than you think
Disciplining employees can often be necessary, but before you do so, you must ensure your policy is legally sound. That said, consider talking to an employment law attorney who can help you create effective policies while avoiding legal issues.