In other words, they conclude that their employer discriminated against them. Some devices lose their setting if the battery dies. For an employee to successfully claim discrimination or harassment, they must prove they were treated differently than their colleagues. Thorough trainings around DE&I should help these policies be enforced more consistently, mitigating the concern of discrimination and leading to a more equitable environment. This periodic reminder should help to minimize the likelihood that managers and supervisors will take inconsistent action. 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. Inconsistent workplace policies can be frustrating. Diane Cadrain is an attorney and writer who has been covering workplace legal issues for 20 years. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); Updating policies is step one, but making sure everyone has access to the most current version is just as important. In the financial industry, compliance is no small matter, and having untrustworthy information is a disaster waiting to happen. Employers create internal policies to manage employee behavior and promote productivity. +1 (800) 317-2820 I would be happy to help. Please purchase a SHRM membership before saving bookmarks. Members may download one copy of our sample forms and templates for your personal use within your organization. This will help management enforce policies consistently, lessening the chance of real or perceived favoritism. Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. Its critical to explain to managers why your company policies and procedures are important. We make every effort to keep our articles updated. Kohler did terminate Reynolds, but never investigated whether the white employee was doing the same thing that Reynolds was doing. It is a fundamental practice every employer should engage in for many reasons. 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). According to the EEOC, the following company policies discourage retaliatory conduct: . You have successfully saved this page as a bookmark. This advice applies whether you are changing a policy or adding a new one. Used right, your companys discipline system will help managers recognize problems early, work with employees to turn performance around, and ensure that employees know what the company expects. Teach them about the companys equal employment opportunity and anti-harassment policies. Policies around diversity, equity, and inclusion (DE&I), for example, might be more nuanced, requiring a more extensive understanding. Did you follow it? 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. If someone accuses a lower-level employee of harassment, the company follows the policy. The appeals court agreed. In this electronic age, many managers dont recognize the importance of face-to-face communication or the need to show appreciation. FindLaws team of legal writers and attorneys, Employers Must Enforce Policies Uniformly. Does Your Employee Handbook Compromise At-Will Employment? Conversely, when managers want to fire someone, but their evaluations have been glowing, its hard to explain to a jury. 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. Its complicated stuff. At LBMC Employment Partners, we can help with everything from developing your companys handbook to securing training for managers. And assuming the policies they have are legal, Companies have the right to enforce them. } The court later granted Kohler a motion for judgment as a matter of law and overturned the jury's verdict on retaliation. Sounds like trouble and a potential lawsuit. He offered the following top 10 reasons companies get sued by employees and some possible solutions: 1. If they are not enforced, they are like tools rusting away, unused in the garage. (Legal Report), SHRM white paper: Preparation of the Employee Handbook. $('.container-footer').first().hide(); 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. This was demonstrated rather starkly in Equal Employment Opportunity Commissioner v. Kohler Co., in which the 8th Circuit Court of Appeals reversed a summary judgment in favor of the employer because the employer failed to enforce its discliplinary policies uniformly. While employees may not intentionally violate workplace policies . The FMLA guarantees an employee, male or female, who has been working at least a year for a company with 50 or more employees the right to job-protected, 12-week, unpaid leave to recover from a serious medical condition or to care for a newborn, a newly adopted child, or a seriously ill child, parent or spouse. Inconsistent enforcement opens the door for the employees attorney to allege discrimination, Zandy said. 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. Legal Issues to Consider When Disciplining Employees, How to Discipline Employees in a Small Business, How to Avoid Legal Trouble When Conducting Performance Reviews, What to Include in Your Employee Handbook. Your session has expired. ComplianceBridge Corporation These policies are added to your handbook, communicated to employees, and put into effect. Lawyers from our extensive network are ready to answer your question. However, in a pending lawsuit, Miller v. Canadian National Railway Co., the issue is being raised in a different context: whether alleged inconsistent enforcement was racially motivated . When a workplace rule that should apply to everyone seems to be applied only selectively, employees feel aggrieved. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. 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. If your boss only enforces a rule when you break it, that could be a sign of discrimination or workplace retaliation. This article has been written and reviewed for legal accuracy, clarity, and style byFindLaws team of legal writers and attorneysand in accordance withour editorial standards. One example of the problem you can face when you fail follow your own policy is the risk of having legal action brought against you for discrimination. Copyright 2023 by Ballard Spahr LLP. 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. Ensure they know they will be held to the same high standards when posting to Facebook or out at the local bar as they are at work. Built In found that diverse companies see 1.4 times more revenue, 2.3 times more cash flow per employee, and are 70% more likely to capture new markets. } Your company will lose the court case every time. Written by Abby Nash on September 20, 2021. Prior to the meeting, photocopy proof of the inconsistency, as well as your notes, and provide your supervisor with a copy. Join us at SHRM23 as we drive change in the world of work with in-depth insights into all things HR. Not only does inconsistent enforcement of company policies around pay damage morale, it also violates the law. This website uses cookies so that we can provide you with the best user experience possible. Please confirm that you want to proceed with deleting bookmark. Social and technological developments over the last decade also require employer response. } If a company wants to avoid lawsuits, discrimination, and a culture of inequity, it should avoid inconsistent enforcement of company policies at all costs. For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page. Here are a few basic principles that will help your company stay out of legal trouble. When managers dont get performance evaluations done on time or dont carefully consider what they write, employees get upset and feel unappreciated, he said. To start, managers could be working off of different versions, leading to inconsistent enforcement of company policies by mistake. While the board's willingness to depart from its corporate creator's views is noteworthy, the bigger message is that Facebook's content-moderation rules and its enforcement of them are a mess and the company needs to clean . else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { Defend data in Salesforce, Google, AWS, and beyond. 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. Dori Meinert is a senior writer at HR Magazine. 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. Accordingly, those policies will also require additional trainings. 6. When youve investigated an employees complaint and reached a decision, let the worker know how it turned out. Do you have a policy? It is vital that Utah employers draft clear policies that are consistently enforced. Employers cannot prohibit their workers from revealing that they have been disciplined. Failure to administer leave. This article was edited and reviewed by FindLaw Attorney Writers However, the court concluded that Kohler "instituted, retracted, enforced, and ignored other such policies over the years. Be fair. In relation to consistency, documenting actions taken against employees does two things. Failure to document. 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. All rights reserved. Perhaps most significantly, however, is that it fosters an environment for discrimination lawsuits. View More. Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. Laws change in a moment. Strictly Necessary Cookie should be enabled at all times so that we can save your preferences for cookie settings. Another manager issues a write up for an employee who was wearing jeans on the same day, and sends that employee home to change (off the clock.) 5 Ways to Address Inconsistent Application of Workplace Policies. In the event of any inconsistencies between the terms and conditions of this Article X and any other . MEMBER NEWS They think theres a protective layer around the higher-ups, she adds. 63% of organizations say their policy management program helps reduce legal costs and resolution time of regulatory issues and fines. | Last reviewed March 26, 2008. Wage and hour lawsuits are on the rise. There are many reasons why employers should be concerned about inconsistently applying work rules. 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. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. 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. Sometimes supervisors will say, That rule is only a guideline or I thought I should show some leniency toward a longtime employee, Bogas says. Now, imagine the employee who was sent home is part of a protected class? Counsel and Chair, Employment and Labor Department, Parker McCay P.A. But that rule, too, was enforced off and on. While certain details may need to be withheld, notifying the employee of the general outcome of their complaint shows you care, Zandy said. Give managers just enough information so they know when to contact the HR team, which has a detailed knowledge of leave laws. Supplemental Terms. By clicking Accept, you consent to the use of ALL the cookies. Distinguished: An excellent rating for a lawyer with some experience. She is a member of the Human Resource Association of Central Connecticut. But, what if your company doesnt enforce these policies? Morale tanks when employees see that certain individuals receive. Upon reaching this conclusion, whether justified or not, the employee becomes more likely to contact an attorney or a government agency seeking help to determine if discrimination occurred. inconsistent-enforcement-of-company-policies. Support your claims with side-by-side comparison of the the company policies that appear confusing, contradictory and inconsistent. Documentation shows fairness, and shows jurors and judges that the managers response wasnt a knee-jerk reaction, Zandy said. 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. moreinfo@compliancebridge.com. Written by Abby Nash on September 20, 2021. Some were told that they could nap on their breaks as long as they were in the designated breakroom. 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;}'; ago However, they did not question the white employee about modifying his shift; this employee also happened to be the son of the plant manager. When managers and supervisors discipline them in a manner that is consistent with the policy, those employees have less leeway to argue that their discipline was discriminatory and unjustified. Martindale-Hubbell Client Review Ratings display reviews submitted by individuals who have either hired or consulted the lawyers or law firms. Those in charge of enforcement, she. All Rights Reserved. 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. Frequently, managers and HR professionals believewronglythat the results are confidential. 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. RESOURCE CENTER People think one person can act badly on their own. If they like you, they wont sue you. For example, your company has a dress code policy that does not allow jeans to be worn in the workplace. (No claim to original U.S. government material.). This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); Employment Lawyer: I Reported Harassment at Work. Find out more about ComplianceBridges Policy & Procedure Software, as well as its Risk Management Software by watching a two-minute demo. Under company policy, employees were not allowed to clock in or out at unauthorized times without a foremans permission, but, in fact, employees frequently did so without repercussions. He added that Facebook deletes about 66,000 posts reported as hate speech each week, but that not everything offensive qualifies as hate speech. 9. Have someone in HR be a central repository for information on how supervisors are using company policies, Johnson recommends. Recommendations include: When formulating policies, get employee buy-in. Stateline, NV 89449 Then, theres the policy thats lain dormant for years and suddenlylike the ghost of Elvisis sighted. In December 1997 Kohler's human resources director met with Reynolds to discuss his clocking in and out early. But because the policy at issue was vague, ever-evolving, and inconsistently enforced, the Utah Court of Appeals held that the employers explanation for why it had terminated the employee was pretextual, holding that it was liable for discrimination and/or retaliation. But if the accused is a higher-level person, they dont follow it, she posits. 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. A policy that made sense to add at one point may lurk around long after it has stopped serving a business purpose. 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. 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. Please confirm that you want to proceed with deleting bookmark. It can negatively affect employee morale, lead to higher employee turnover rates, and create contention among co-workers, among other things. But sometimes policies outstay their welcome. Inconsistencies. Tax Season Special! Employees just want to be loved. Failure to manage in person. Ruth Mayhew has been writing since the mid-1980s, and she has been an HR subject matter expert since 1995. Although this seems like common sense, too many employers operate daily without even their most basic policies written down. Managers must impose discipline consistently. }); if($('.container-footer').length > 1){ We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. But juries think you should be even in your application of rules. Keeping policies up to date helps ensure that the policy is doing what its supposed to protecting the company and those working for it. Documentation will make it easier for managers to catch inconsistencies before they become a problem. Your company develops policies as a way mitigate risk and ensure operational excellence. 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. Ruth resides in the nation's capital, Washington, D.C. How to Write a Letter Complaining About an Unfair Workplace. Currently, 32 states have proposed legislative changes to extend leave time, Zandy said. Inconsistent enforcement of company policy is not only unfair, but it can also be grounds for legal action. Fortunately, preventing successful discrimination/retaliation claims can be a simple matter of routinely reviewing and updating your companys handbook, policies, and verifying consistent compliance with the same. Be ready to explain what is policy inconsistency from your perspective. In other words, employees who commit the same misconduct or display the same performance problems should be treated in the same manner. Lawsuits under a host of laws that are anything but dormant can heat things up considerably for employersand needlessly, if a policy is outdated but still on the books. Shortly thereafter, on January 6, 1998, the human resources director recommended that Reynolds be terminated. The likelihood of being hit with claims of unequal treatment is heightened if noncompliance with the policy results in the use of discipline. Example - Justifying Inconsistent Treatment. Worse, if they are enforced unevenly among employees, they can become tools of destruction. Without consistency, the line between rules and suggestions begins to blur, and hope for a fair working environment goes out the window. All terms and conditions of the Loan Agreement not inconsistent herewith shall remain in full force and effect and are hereby ratified and confirmed by Borrowers. 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. var temp_style = document.createElement('style'); When employees are treated differently from co-workers, they attempt to deduce their employers motive in doing so. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. Policies and procedures are an essential part of any organization. Highlight incidents that appear to be inconsistent with company policy. Join us at SHRM23 as we drive change in the world of work with in-depth insights into all things HR. Members may download one copy of our sample forms and templates for your personal use within your organization.

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