One of the potential issues an employer can face when implementing disciplinary action is a discrimination claim. An employee may believe they have been treated unfavorably when facing punishment. Thus, it’s crucial for employers to take the appropriate steps when responding to an employee’s performance issues, misconduct or behavioral problems.
Here is how you can employ disciplinary action while avoiding discrimination claims:
Have clear policies
A company should have a clear written policy that details internal rules, defines unacceptable conduct and provides disciplinary steps. Give your employees this document from the very beginning so they know what is expected of them and what will happen when they violate rules. This ensures you have a point of reference every time you discipline an employee.
Apply rules consistently
Rules should be applied fairly across all employees. If two employees commit a similar fraction, they should face the same disciplinary action. One not facing punishment or a less severe one, such as a warning, while another is treated more harshly, for instance, being suspended, can be considered discriminatory.
Document everything
It’s vital to document every disciplinary action you implement, both major and minor. When you give an employee a verbal warning, note it down in their personnel file, detailing the date, time, and location of the meeting, attendees, issues discussed, the policy violated and the solutions provided. When you send a written warning, preserve the emails.
Note that it helps to have your signature and that of the employee on disciplinary documents. It confirms receipt. Additionally, keep records of the employee’s performance reviews, witness interviews and any other document that shows why and how you implemented the disciplinary action.
An employee making a discrimination complaint regarding disciplinary action can be a serious matter. You need to be adequately informed when handling such a complaint.