HR Solutions: Review discrimination-law issues prior to discharging employees

Missouri is an at-will state. This allows employee termination at any time for any reason unless a law is violated. Accordingly, it is critical to understand the primary statutes pertaining to discharges.

Title VII of the Civil Rights Act of 1964. Title VII covers five protected classes: race, color, religion, national origin and sex. Consequently, firing an employee because of her religious preference or the fact she is black, foreign or a female is illegal.

Focus on performance only when determining if a team member needs to be dismissed. At the same time, do not be afraid to let someone go who is exhibiting behavioral problems just because she is in one of the protected classes.

Sexual harassment falls under Title VII. One type is quid pro quo, which is a Latin phrase meaning "this for that." This kind of harassment is committed by supervisors and only one occurrence is necessary to begin a Title VII claim. An example of sexual harassment in a termination situation: a supervisor tells a job holder that she will retain her job if she begins dating the manager. The second type of harassment is hostile work environment. Frequency and severity of offensive behavior by a supervisor, coworker or vendor determines if this type of harassment has occurred.

Age Discrimination in Employment Act. This law protects people age 40 and up. Consequently, it is illegal to fire a person because of his age.

Pregnancy Discrimination Act. A business is not permitted to end the employment of a pregnant female because she is pregnant. The courts expect a company to treat a pregnant staff member the same as any worker with temporary disability.

The Americans with Disabilities Act. The definition of a disability is a mental or physical impairment that substantially limits one or more major life activities. It is unlawful to fire an associate because he has a disability. However, he must still be able to perform the essential functions of the job with or without reasonable accommodation.

Whistleblowing. It is a criminal offense to dismiss a worker because he contacted a government agency or the media believing the company performed an unlawful act.

Workers' compensation. Staff members have a legal right to file for workers' compensation benefits when injured on the job. Hence, it is illegal to use that as a reason to discharge a team member.

Contractual agreements. If a business provides a verbal or written agreement guaranteeing employment, then that employee is promised job security. Consequently, the law does not permit an employer to end his employment. Union bargaining agreements typically include language that specifies counseling and termination procedures for union members. Nonunion employee manuals and company policies and procedures might inadvertently contain terminology guaranteeing conditions for discipline and termination.

For example, if a nonunion business includes a counseling policy in a handbook requiring several warnings prior to discharge, then an associate is guaranteed a job until the receipt of all warnings. To avoid this problem, put numerous disclaimers throughout written policies emphasizing the at-will status of the company. Also include language reflecting that modifications may occur without notice.

"Permanent." Do not call job holders "permanent" staff, because that denotes employment lasting forever. Refer to associates as "regular" or "part-time" staff.

Adhering to the majority of these laws is a straightforward matter. Erratic adherence to policies will result in inconsistent treatment of employees and could lead to a discrimination lawsuit.

(Lynne Haggerman is president/owner of Haggerman & Associates, an employment, management training, human resources consulting, and outplacement firm.)