Disciplining and terminating employees are realities of doing business, but by adhering to certain practices, employers can help reduce the risk of costly litigation.
Discipline or termination (often referred to as “adverse employment actions”) can give rise to allegations of unlawful discrimination or retaliation. Discrimination involves actions taken because of a worker’s protected characteristic, such as race, color, religion, sex, sexual orientation, gender identity, age, or disability. Retaliation, on the other hand, describes actions taken because of a worker’s protected activity, such as filing a workers’ compensation claim, complaining of illegal activity occurring at the workplace, or taking protected leave.
When an employer takes an adverse employment action against an employee based on a protected characteristic or an employee who has engaged in protected activity — even when the adverse employment action is taken for legitimate reasons — such action may allow an employee to argue that they were subject to discrimination or retaliation.
An employee’s protected characteristic or engagement in protected activity, however, does not prevent an employer from taking corrective action or terminating the employee. By keeping a few simple principles in mind when dealing with disciplinary issues, employers may reduce the risk and cost of litigation.
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