No doubt you have been warned many times that the best way to avoid discrimination lawsuits involving discipline is to treat everyone alike. The assumption is that by always being fair and punishing the same behavior, rule violation orthe same, no one can argue that they were demoted, suspended or fired because of their protected status.
But there is a situation in which you can—and probably should—treat some employees more strictly as a class. That’s when dealing with probationary employees.
Take the time to assess whether new workers have what it takes to become good, productive employees before they move from probation to permanent.
As long as you treat every probationary employee the same way, it’s fine.
Recent case: Jonathan, who is black, was hired as a probationary border patrol agent for the Department of Homeland Security. While on a routine patrol, Jonathan’s partner told him they were going to a ...(register to read more)
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