The written policies serves as a reference that managers and supervisors can refer to when taking action against different employees, thus reducing the likelihood that they discipline employees inconsistently. Healthcare Valuation and Consulting Services, Hospital and Health System Advisory Services, Cybersecurity Maturity Model Certification (CMMC), System & Organization Controls for Service Organizations (SOC), HIPAA Risk Security & Privacy Assessments, Accounting Software & Cloud Solutions (ERP Accounting), Document Management & Enterprise Content Management (ECM). You do not base employment decisions on race, color, religion, sex (including pregnancy, sexual orientation, or gender . Here are a few basic principles that will help your company stay out of legal trouble. Windows & NAS Monitor and protect your file shares and hybrid NAS. If your boss only enforces a rule when you break it, that could be a sign of discrimination or workplace retaliation. Details for individual reviews received before 2009 are not displayed. Prior to the meeting, photocopy proof of the inconsistency, as well as your notes, and provide your supervisor with a copy. Copyright 2023 by Ballard Spahr LLP. If the employer is not able to establish that they treated the employee differently for a justifiable, non-discriminatory reason, the likelihood of losing the lawsuit goes up significantly. A manager of a Burger King outlet was fired for misconduct when he failed to make a bank deposit in accordance with company rules. Thorough documentation related to an action taken against an employee can be one of the greatest tools an employer can have to defeat a discrimination claim. Most companies outline procedures for bringing forward complaints, according to Money. If you have not recently reviewed and updated your handbook, it is time to do so. Money: Filing a Complaint with HR Can Be Scary. Dont permit them to play favorites. By better managing policies, making sure the right people see them, and ensuring everyone understands their content, inconsistent enforcement of company policies can be a thing of the past. Stateline, NV 89449 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. 20% Discount On All Memberships, Enter Your Email 89-362 (D.C. Cir. What Are the Benefits and Risks of Employment Contracts? Managers should not, for instance, promise that employees will have a bright future at the company if they can improve their performance. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); "Our policies allow content that may be . But if the accused is a higher-level person, they dont follow it, she posits. To avoid problems, policies should be clearly documented. +1 (800) 317-2820 Trainings on policies are a great way to ensure managers are aware of every relevant policy, understand them, and are on the same page regarding how to deal with them. You also have the option to opt-out of these cookies. He sued the company for race discrimination, claiming that Kohler looked the other way when his white coworkers broke the rules but enforced them against him on account of his race, as well as unlawful retaliation for complaining about discrimination. } else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { Find out more about ComplianceBridges Policy & Procedure Software, as well as its Risk Management Software by watching a two-minute demo. Her work appears in "The Multi-Generational Workforce in the Health Care Industry," and she has been cited in numerous publications, including journals and textbooks that focus on human resources management practices. For questions, contact Susan Hodges at shodges@parkermccay.com. The Commission awarded damages for lost wages, out-of-pocket medical expenses, and the amount of withdrawals Mr. Pickard had made from his savings and 401(k) accounts to cover living expenses during the time he was unemployed. During the six years of his employment, company attendance policies and practices changed several times. I would be happy to help. Companies who consistently apply workplace policies to similarly situated employees are less likely to face and lose discrimination claims. Instead, consistency matters most when dealing with two similarly situated employees. But, what if your company doesnt enforce these policies? Employers can also send policies to the exact people they apply to, share assessments to ensure they are fully understood, and even keep records of who has and hasnt acknowledged them. Be consistent. Reynolds, who is black, admitted that he had done so, but he informed the human resources director that white employees were doing the same thing. Inconsistent Administration The keys to consistent and fair administration of workplace policies are training and accountability. Note that Reynolds candidly admitted that he violated Kohler's policy. One such protected activity is discussing working conditions, including disciplinary matters, with coworkers. In a later jury trial, the jury found in favor of Kohler on the underlying discrimination claim, but against Kohler on the retaliation claim and awarded Reynolds $40,000.00 in compensatory damages and $50,000.00 in punitive damages. What are the different Martindale-Hubbell Peer Review Ratings?*. Its critical to explain to managers why your company policies and procedures are important. Your company develops policies as a way mitigate risk and ensure operational excellence. The absence of a clear legal standard upon which companies can base their policies, as well as the importance of context in determining whether or not a post containing known harmful words constitutes hate speech, makes finding technical solutions incredibly challenging. Distinguished: An excellent rating for a lawyer with some experience. Stateline, NV 89449 Before disciplining employees, especially termination, employers should consider whether the conduct is protected by law, either federal or state; whether the conduct violated an employer policy; does the company have a legitimate business . 297 Kingsbury Grade, Suite 1180 Keeping policies updated ensures that they are still relevant. $("span.current-site").html("SHRM MENA "); His employer showed the employees signature on a copy of its written cashhandling policy and testified that the employee had attended managerial training on the issue. We are using cookies to give you the best experience on our website. Manage Policies Better With ComplianceBridge Making sure policies are consistently enforced can take a lot of work, but it doesn't have to with ComplianceBridge. Written policies also provide notice to employees of what to expect when they engage in the behavior covered by the written policy. The court agreed with the EEOCs argument that a jury reasonably concluded there was retaliation for complaining about discrimination in light of Kohlers inconsistent enforcement of its policies and discipline. A policy that is vague, evolving, or inconsistently enforced will support an employees claim for discrimination/retaliation. The Client Review Rating score is determined through the aggregation of validated responses. Not only does inconsistent enforcement of company policies around pay damage morale, it also violates the law. }); if($('.container-footer').length > 1){ Written by ComplianceBridge Policies & Procedures Team on September 20, 2021. How upper management deals with workplace harassment sets the tone for the company culture, and inconsistent enforcement of company policies is a slippery slope to a toxic environment. 297 Kingsbury Grade, Suite 1180 National Law Review: Does Inconsistency Always Kill the Cat? The court found the fact that Kohler disciplined Reynolds disproportionately to other employees who violated company policies, such as failing to have their foreperson sign their time cards or clocking in and out at odd hours, supported the conclusion that Reynolds' termination for violating Kohler's clock-in policies was a pretext for retaliating against him. 63% of organizations say their policy management program helps reduce legal costs and resolution time of regulatory issues and fines. After Reynolds had been there about six years, his supervisor allegedly began to enforce these policies against him but not against other, similarly situated co-workers who clocked in and out at similar nonstandard hours. Find out more about ComplianceBridge's Policy & Procedure Software, as well as its Risk Management Software by watching a two-minute demo. If you are a business that does not have their policies in writing, needs help training supervisors, or needs the forms and tools necessary to document employment actions, please feel free to contact me at (678) 446-0865. The EEOC's new enforcement policies demonstrate a renewed interest in prosecuting retaliation . Your policies tell both the company and its employees what is expected of them and what procedures will be followed when policies are violated. Can I Legally Decline Signing a Performance Appraisal. Failure to document. Employees just want to be loved. 2003)). Kohler fired Reynolds later that day. Inconsistent enforcement opens the door for the employee's attorney to . 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. In addition to reviewing policies to make them consistent with changes in the law and changes in society, another reason to look them over is to make sure they still make sense in your workplace. However, at some point during his employment, he developed a habit of clocking in at 6:00 a.m. and clocking out at 2:30 p.m. Inconsistent enforcement also applies to rules that are in force but not applied. In other words, employees who commit the same misconduct or display the same performance problems should be treated in the same manner. Enforcement of these policies, however, might appear inconsistent, especially to workers in New Jersey who suspect that their gender, race, sexual orientation, age or ethnicity prompted managers to single them out for punishment or termination. Managers need to be trained on the ins and outs of these critical employment laws. It should not be construed as legal advice or legal opinion on any specific facts or circumstances. Its easy to see why a manager wouldnt enforce an antiquated, useless policy. Having good policies, and enforcing those policies, promotes efficiency and high morale among employees. One way to do this is to keep detailed records of policy enforcement. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organizations culture, industry, and practices. Please confirm that you want to proceed with deleting bookmark. Inconsistent enforcement opens the door for the employees attorney to allege discrimination, Zandy said. Morale tanks when employees see that certain individuals receive. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals. Some rules affect certain workers more than others Companies should have rules that apply evenly to all workers and should strive to consistently enforce those rules. advice, does not constitute a lawyer referral service, and no attorney-client or Use it as a teaching moment. Even after this, Hexcels enforcement of the no-sleeping rule was inconsistent. Review the employee handbook provided to you when you began working for the company. State Laws Federal Laws Topics Articles Resources. Security enforcement management gives administrators the capability to set policies and to have them enforced remotely. Request a meeting with your supervisor or manager. This means that every time you visit this website you will need to enable or disable cookies again. Employee discipline coaching, verbal and written warnings, and so on is one of the most effective tools to improve employee performance and protect your company from liability. If the company varies how they handle compensation unfairly, they could be at risk. temp_style.textContent = '.ms-rtestate-field > p:first-child.is-empty.d-none, .ms-rtestate-field > .fltter .is-empty.d-none, .ZWSC-cleaned.is-empty.d-none {display:block !important;}'; FindLaws team of legal writers and attorneys, Employers Must Enforce Policies Uniformly. 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. Don't Let Dormant Policies Lie Workplace rules that are ignored or applied unevenly could undermine your business and expose your company to costly lawsuits.Handbook policies are supposed. When presented with the fact that another employee was treated differently, the attorney or government agency is more likely to spring into action, because different treatment is the hallmark of discrimination. 16 Sheharizadian 8 mo. Once trained, management and supervisors should periodically review handbook policies to assess whether they are being applied consistently throughout the company. Dont approach your supervisor on behalf of another employee; limit your appeals to matters that concern you personally. Even so, an employer must still be careful to discipline policy violations uniformly, i.e., do not terminate someone for something you only gave a verbal warning about previously. It concluded that in granting Mr. Pickard damages for lost wages, plus the funds he had to withdraw from his savings accounts to compensate for these lost wages, the Commission had given him an impermissible double recovery.. Over the following month, the human resources director and Reynolds' direct supervisor reviewed Reynolds' time cards to observe his clock-in and clock-out activities. To request permission for specific items, click on the reuse permissions button on the page where you find the item. 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). Chamber of Commerce Southern New Jersey For example, assume your handbook says employees disciplinary actions will be removed from their employment files one year after the date of the incident. var currentUrl = window.location.href.toLowerCase(); This means that every time you visit this website you will need to enable or disable cookies again. The inconsistent enforcement of its own policies reinforces the need for Twitter to be far more transparent about how it interprets and enforces its own community standards. (a) After a final decision on the merits has issued and before imposing the sanctions and penalties described in paragraph (d) of this section, the Director of OLMS will consult with the affected contracting agencies, and provide the heads of those agencies the opportunity to respond and provide written objections. But keep it only for the purpose of getting legal advice so its protected by the attorney-client privilege and it wont be discoverable in an employee lawsuit., He adds, Its common, in a discrimination lawsuit, for an employees lawyer to ask to see information on, for example, all the employees terminated in the last two years. A few months after the company denied Mr. Pickards request for accommodation, he was caught sleeping in a company truck during a brief break and was fired. $(document).ready(function () { Attorneys that receive reviews from their peers, but not a sufficient number to establish a Martindale-Hubbell Peer Review Rating, will have those reviews display on our websites. Say, We just reviewed our policies, this is why this policy was there, this is why we want to enforce it, and this is how it makes the workplace better. Communicate that employees and managers are in it together.. The easiest way an employer can increase the consistent application of rules is to put them in writing. Maintain the original documents for your personal files. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. $(document).ready(function () { 2023 ComplianceBridge Corporation. It's important that supervisors' political views don't lead to inconsistent enforcement of policies. Join us at SHRM23 as we drive change in the world of work with in-depth insights into all things HR. Another source of inconsistencies stemming from outdated policies is a lack of organization, particularly when it comes to weeding out the old versions. SHRM's HR Knowledge Advisors offer guidance and resources to assist members with their HR inquiries. Members can get help with HR questions via phone, chat or email. The Facebook Oversight Board, in deciding its first cases, overturned five out of six of the company's decisions. New OSHA Guidance Clarifies Return-to-Work Expectations, Trump Suspends New H-1B Visas Through 2020, Faking COVID-19 Illness Can Have Serious Consequences, SHRM Research: Work Is Negatively Impacting Employees Mental Health, AI-as-a-Service: Getting SMBs Started with AI. When people understand why a rule is in place, theyre more supportive, says Hanna Hasl-Kelchner, an attorney and author of The Business Guide to Legal Literacy (John Wiley & Sons, 2006). Inconsistent Enforcement of Company Policies. People think one person can act badly on their own. Before jettisoning a rule, make sure that the real problem isnt employees outdated perceptions of a policy that would be useful if it were uniformly followed. When an HOA enforces rules inconsistently, it may be held liable for violating the Fair Housing Act (FHA). Employment Lawyer: I Reported Harassment at Work. Other workers were told that they could nap anywhere, as long as they were on a break. ComplianceBridge Corporation Avoid legal pitfalls when you discipline employees. This article was edited and reviewed by FindLaw Attorney Writers Under the National Labor Relations Act (NLRA), employees have a right to engage in protected concerted activity. As a result, employees and managers were, at times, unclear about the state of the company's policies.". According to the EEOC, the following company policies discourage retaliatory conduct: . Managing the employees in your workplace effectively necessitates that even the smallest of businesses set up work rules. The Commission determined that Mr. Pickard had made out a prima facia case of discrimination on the basis of his disability, and that Hexcels allegedly nondiscriminatory basis for firing him based on the no-sleeping rule was pretextual, because the rule was incoherent and inconsistently applied. 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. By: Susan S. Hodges, Esq.