The mantra in real estate is “location, location, location.” But the mantra in employee discipline must always be “consistency, consistency, consistency.”
Supervisors must dole out discipline in equal amounts for equal behaviors. Trying to “get tough” on one worker or “set an example” with another will only trigger discrimination complaints and lawsuits.
Case in point: A prison guard uttered the “n” word twice in a conversation about racial tension at the prison. Her supervisor wrote her up as violating a work rule against using racial slurs and epithets. As a result, she was demoted.
The guard sued for sex discrimination, alleging that male guards who used the terms “wetback” for a Hispanic prisoner and “wood” for a white prisoner were not punished. A jury sided with her, concluding that she’d been treated more severely because of her gender. (Moss v. Texas Department of Corrections)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 10 Secrets to an Effective Performance Review
- Ensure physical tests are fair for women
- Employer pays $65K after firing worker with diabetes
- Decision-Making paper trail: The best kryptonite to lawsuits
- Minnesota Supreme Court clarifies workplace sexual harassment rules