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Record infraction, punishment for every rules violation

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in Human Resources

Make a note every time you take disciplinary action against an employee. You need documentation that explains why each employee was punished.

Recent case:
George Gallegos, who is Hispanic, was fired from his job with the Texas Department of Transportation. While driving a state vehicle, he had received a traffic citation for disregarding a school bus that was unloading.

Gallegos sued, alleging that a white employee wasn’t fired when he was caught driving while intoxicated.

But the department produced a long record of Gallegos’ safety violations. The state had reprimanded him for transporting his children in a state car, for not having a valid license and for taking his state car home without permission.

The court dismissed the case, reasoning that the white employee didn’t have a past disciplinary record—while Gallegos obviously did. (Gallegos v. Texas DOT, No. SA-08-CV-435, WD TX, 2009)

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