Managers and employees often dread performance reviews and disciplinary actions. Mistakes in appraisals or discipline can trigger lawsuits, especially when employees have taken leave, complained of mistreatment, have disabilities, or possess legally protected characteristics. Protective measures include separating protected leave from performance evaluations, enforcing policies consistently for similarly situated employees, acting after complaints only with supporting proof, carefully reviewing recommendations before imposing consequences, and training decision-makers to recognize and avoid bias. These practices promote fairness, reduce unequal treatment, and lower the risk of legal exposure while giving employees clear guidance to improve at work.
It is a burden on a department when someone is out on leave. That's absolutely true, and you don't have to feel bad about being frustrated about the absence. But if the person is on a protected leave, such as one granted for health reasons (such as the Family Medical Leave Act, Americans with Disabilities Act, or Pregnant Workers Fairness Act), you cannot punish them.
If the employee has ever taken leave, complained of mistreatment, has a disability, or has legally protected characteristics (race, gender, religion, etc.) than other employees, and they receive a bad review or a negative consequence, you may find yourself in the midst of a lawsuit. Employment attorney Eric Meyer recently shared five ways to protect yourself and your business while providing your employees with the valuable information they need to be thrive at work.
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