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A reader's particular legal position is dependent upon the facts of the specific situation. Manage Policies Better With ComplianceBridge Making sure policies are consistently enforced can take a lot of work, but it doesn't have to with ComplianceBridge. Currently, 32 states have proposed legislative changes to extend leave time, Zandy said. Policies and procedures are an essential part of any organization. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, including electronic, mechanical, photocopying, recording, or otherwise, without prior written permission of the author and publisher. Later, the company circulated a memorandum expressing its intent to begin enforcing the no-sleeping rule and informing its employees that a violation would result in termination. Policies are an essential component of any organization. Failure to train managers. Proving discrimination cases is very hard when you have two people. The EPAs definition of pay covers all forms of compensation, including bonuses, vacation and holiday pay, overtime, gas allowances, benefits, and reimbursements. With the rise of the #MeToo movement and growing awareness around discrimination, employers who fail to enforce proper workplace conduct are at more risk than ever before. var temp_style = document.createElement('style'); It is also important to note that an increased level of transparency from Twitter about the reporting process benefits all users on the platform. If a company wants to avoid lawsuits, discrimination, and a culture of inequity, it should avoid inconsistent enforcement of company policies at all costs. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. But, what if your company doesnt enforce these policies? If managers play favorites or come down harder on some employees than others, it could result in a discrimination claim against your company by an employee who feels that a protected characteristic, such as race or disability, played a role in the managers decision. To help improve consistency, employers should make sure all policies are in writing, managers and supervisors are properly trained, and that all employment actions are documented, especially when an employer decides to deviate from established policies. Here's the Best Way to Do It, HR Steps to Take If an Employee Appeals Termination, How to Investigate a Claim of Racial Discrimination in the Workplace, How to Write an Appeal Letter Against a Grievance at Work. Written policies also provide notice to employees of what to expect when they engage in the behavior covered by the written policy. This means that every time you visit this website you will need to enable or disable cookies again. In the event of any inconsistencies between the terms and conditions of this Article X and any other . var currentUrl = window.location.href.toLowerCase(); Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. The EEOC argued on appeal that the proximity of Reynolds' complaint of discrimination in relation to his termination coupled with Kohler's inconsistent enforcement of its policies and use of disciplinary actions established facts from which a jury could have drawn the conclusion that Kohler retaliated against Reynolds. When employees are treated differently from co-workers, they attempt to deduce their employers motive in doing so. A manager of a Burger King outlet was fired for misconduct when he failed to make a bank deposit in accordance with company rules. Giving preferential treatment to certain employees, even if its accidental, is discriminatory against others, and firing one employee for actions another received a slap on the wrist for could qualify as unlawful termination. Although the court reduced the amount of Mr. Pickards damages, the Hexcel case serves as a warning and reminder to employers that taking an adverse action against an employee on the basis of an inconsistent, unclear policy can have serious consequences and lead to costly litigation. Inconsistent enforcement of company policy is not only unfair, but it can also be grounds for legal action. Kohler did terminate Reynolds, but never investigated whether the white employee was doing the same thing that Reynolds was doing. When asked by businesses what they can do to avoid legal claims by employees, one of the first things I tell them is to be consistent when applying workplace policies and rules. The easiest way an employer can increase the consistent application of rules is to put them in writing. This case is a cautionary tale for employers who believe they have caught an employee "hands down" in a violation of company policy and are ready to terminate. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. It should not be construed as legal advice or legal opinion on any specific facts or circumstances. At the end of the day, treating people with respect, compassion and understanding, and really listening and embracing the whole process, understanding that people truly are our most important asset thats what avoids liability.. One such protected activity is discussing working conditions, including disciplinary matters, with coworkers. View More. Perhaps most significantly, however, is that it fosters an environment for discrimination lawsuits. Find out more about ComplianceBridges Policy & Procedure Software, as well as its Risk Management Software by watching a two-minute demo. 7. Your session has expired. $("span.current-site").html("SHRM China "); The Client Review Rating score is determined through the aggregation of validated responses. Your company will lose the court case every time. Join us at SHRM23 as we drive change in the world of work with in-depth insights into all things HR. confidential relationship is or should be formed by use of the site. HR professionals dont get companies sued. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. Windows & NAS Monitor and protect your file shares and hybrid NAS. But that rule, too, was enforced off and on. Applying Policies Inconsistently. What if your company inconsistently enforces these policies? Your company will lose the court case every time. No surprises. Thats what HR professionals should drill into managers and supervisors, he said. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Compliance One of the major issues with inconsistent policy and procedure documentation is the compliance risk it creates. When you develop new rules, put employees on notice.. Frequently, this process of deduction leads the employee to conclude that the employer treated them differently because of their protected status (race, religion, sex, etc.). Companies will tell me, He was the owner, he said he didnt do it, and that was good enough for us. How does that look to a jury? Good evaluations win lawsuits. When a workplace rule that should apply to everyone seems to be applied only selectively, employees feel aggrieved. Its much easier that way than developing the information from scratch., Review your employee handbook. Typically, the manager at the center of an employees lawsuit is a bad manager who has been tolerated far too long, or a new manager who hasnt received adequate training, Zandy said. 2023 ComplianceBridge Corporation. . But juries think you should be even in your application of rules. Inconsistent enforcement opens the door for the employee's attorney to allege discrimination, Being unaware of the law. Lawyers who have received peer reviews after 2009 will display more detailed information, including practice areas, summary ratings, detailed numeric ratings and written feedback (if available). The EEOC's new enforcement policies demonstrate a renewed interest in prosecuting retaliation . His employer showed the employees signature on a copy of its written cashhandling policy and testified that the employee had attended managerial training on the issue. One way written policies help is by ensuring supervisors and managers are responding to similar situations the same way. Be consistent. For help drafting or reviewing your companys leave policy and other documents, and for advice on whether you should fire an employee who reaches the end of your disciplinary steps, talk to an experienced employment lawyer. There are few things that seem to get well-intentioned employers into more trouble than when they apply workplace policies differently to similarly situated employees. moreinfo@compliancebridge.com. To start, managers could be working off of different versions, leading to inconsistent enforcement of company policies by mistake. When a case goes to court, he said, My HR professional is always my star witness. Kathleen Bogas, president of the National Employment Lawyers Associationan employee rights advocacy groupand a partner in Eisenberg & Bogas of Bloomfield Hills, Mich., gives the following example, based on a composite of cases from her practice. What Are the Benefits and Risks of Employment Contracts? $(document).ready(function () { You also have the option to opt-out of these cookies. Stay up-to-date with how the law affects your life. In seeking damages for discrimination/retaliation, employees are not entitled to double recovery. For example, an employee may recover lost wages, or the amount of funds they were required to withdraw from savings during the time that they were unemployed, but they may not recover both. This website uses cookies to improve your experience while you navigate through the website. In fact, the EEOC offered evidence that four other Kohler employees violated similar policies and either were not disciplined or were disciplined with less severity. 16 Sheharizadian 8 mo. Its the manager Im always scared of. Frequently, managers and HR professionals believewronglythat the results are confidential. Enforce a policy for one employee, but not for anotherand guess what? While managers might consider rules and procedures surrounding pay to be a pain in the neck, they need to know what could happen if the company faces a lawsuit or a U.S. Department of Labor audit. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); The employer consistently enforced the rule.