Title VII of the Civil Rights Act: Federal law prohibiting employment discrimination based on race, color, religion, sex, and national origin. Must ensure corrective action is not discriminatory in nature.
Americans with Disabilities Act (ADA): Federal law requiring reasonable accommodations for disabled employees. Consider if performance issues are related to disability requiring accommodation.
Age Discrimination in Employment Act (ADEA): Federal law protecting workers 40 and older from age discrimination. Ensure corrective action is not age-related bias.
Fair Labor Standards Act (FLSA): Federal law governing wages, overtime, and working conditions. Relevant if corrective action involves work hours or compensation issues.
National Labor Relations Act (NLRA): Federal law protecting workers' rights to organize and discuss working conditions. Ensure corrective action doesn't violate protected concerted activity.
State Labor Laws: Specific state regulations governing employment relationships, which may impose additional requirements for disciplinary actions.
Company Policy Compliance: Internal progressive discipline policies, employee handbook provisions, and existing collective bargaining agreements that must be followed.
Documentation Requirements: Federal and state record-keeping requirements, including retention periods and documentation standards for disciplinary actions.
Due Process Considerations: Employee's right to respond, documentation of previous incidents, clear performance expectations, and reasonable accommodation requirements.
Privacy Laws: Federal and state requirements for protecting employee confidentiality and personal information in disciplinary documentation.
Performance Documentation: Best practices for documenting specific incidents, objective metrics, improvement timelines, and consequences of non-compliance.
