Document all details about employee discipline

It’s impossible to predict which employee will sue and why. That’s why you must carefully document every disciplinary action, including enough specific information to later justify those decisions.

Then, if someone says she was singled out for punishment because of a protected characteristic, you will be able to show she was fairly disciplined.

Recent case: Cynthia worked for a school district. When her daughter, a student, celebrated her 18th birthday, Cynthia provided alcohol at the party, which included other students. Cynthia was arrested and charged with furnishing alcohol to minors. She was fired.

She sued, claiming men were punished less harshly for alcohol-related incidents. But the district described each case in detail, showing that while the men faced drunk driving charges, none supplied alcohol to students. Cynthia’s case was dismissed. (Perez v. CCIS, SD TX, 2018)