Tuesday, November 15, 2011

Avoid Gender Discrimination Claims After Discharging An Employee

Federal law prohibits gender discrimination against any person, male or female. You can legally discharge an employee for any gender neutral, non-discriminatory reason. However, a gender discrimination claim is possible in cases where the employer's expressed reason for the discharge is subject to dispute.


Instructions


1. Ensure that any required progressive disciplinary measures, such as verbal and written warnings, have first been provided.


2. Consult with department or unit managers of similarly situated employees to ensure that male employees have been disciplined similarly for similar infractions or performance issues.


3. Document the reason for the employee termination in a separation notice that is placed in the personnel file.


4. Ensure that the same reason is listed on subsequently completed documentation, such as responses to claims for unemployment compensation or responses to EEOC filings.







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