Employment Lawyer: I Reported Harassment at Work. You have successfully saved this page as a bookmark. To request permission for specific items, click on the reuse permissions button on the page where you find the item. Managing the employees in your workplace effectively necessitates that even the smallest of businesses set up work rules. Inconsistent enforcement opens the door for the employees attorney to allege discrimination, Zandy said. For example, your company has a dress code policy that does not allow jeans to be worn in the workplace. For an employee to successfully claim discrimination or harassment, they must prove they were treated differently than their colleagues. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. Happy employees dont sue.. Was it required by law, or was it just something a manager wanted? 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. 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. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. View More. 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. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Policies have to be changed to reflect changes in the law and changes in society.. Supplemental Terms. 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. . Can I File a Claim If My Employer Doesn't Follow Policies? Work rules protect your business and your workers, and if correctly implemented and executed, they create and maintain a better work environment for all. When you develop new rules, put employees on notice.. Even after this, Hexcels enforcement of the no-sleeping rule was inconsistent. $('.container-footer').first().hide(); } 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. Shortly thereafter, on January 6, 1998, the human resources director recommended that Reynolds be terminated. Written policies also provide notice to employees of what to expect when they engage in the behavior covered by the written policy. Facebook's Content Moderation Rules Are a Mess Typically, the issue is analyzed in terms of whether inconsistent enforcement undercuts the legitimate business interest justifying the restriction. var currentUrl = window.location.href.toLowerCase(); 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. confidential relationship is or should be formed by use of the site. Only attorneys practicing at least three years and receiving a sufficient number of reviews from non-affiliated attorneys are eligible to receive a Rating. Enforce Rules Consistently Favoritism often rears its ugly head in the inconsistent enforcement of company policies and rules. Compare your list of inconsistencies to your handbook, as well as departmental policies, your job description and procedures that you follow to perform your job duties. 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. The Eighth Circuit covers South Dakota, North Dakota, Nebraska, Missouri, Minnesota, Iowa and Arkansas. (No claim to original U.S. government material.). Shortly after requesting an accommodation for his disability, an employee was terminated for violating company policy. Get the latest significant legal alerts, news, webinars, and insights that affect your industry. There are one of the first things that lawyers ask about when a lawsuit is filed. When I say that an employer should not be inconsistent when applying work rules, I do not mean that the employer must treat all employees exactly the same all the time. Its challenging to enforce something you dont understand, but when careers are on the line, you want to make sure that people fully grasp what they are dealing with. 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;}'; We are using cookies to give you the best experience on our website. These policies are added to your handbook, communicated to employees, and put into effect. This means that every time you visit this website you will need to enable or disable cookies again. Your session has expired. Don't put it off. Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. Have someone in HR be a central repository for information on how supervisors are using company policies, Johnson recommends. 5 Ways to Address Inconsistent Application of Workplace Policies. 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. Your session has expired. A policy that is vague, evolving, or inconsistently enforced will support an employee's claim for discrimination/retaliation. When Kohler confronted Reynolds about these infractions, he said that he was being singled out because he was black. People dont think that people conspire, he 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. She is a member of the Human Resource Association of Central Connecticut. Please purchase a SHRM membership before saving bookmarks. For instance, if an HOA fines a certain protected class but not others, they may be charged with discrimination. Then, theres the policy thats lain dormant for years and suddenlylike the ghost of Elvisis sighted. 6. The content of the responses is entirely from reviewers. (b) If the contracting agency provides written objections, those objections . Have employees in more than one state? Written policies also provide notice to employees of what to expect when they engage in the behavior covered by the written policy. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { Maintain the original documents for your personal files. Chamber of Commerce Southern New Jersey 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.) This alert is a periodic publication of Ballard Spahr LLP and is intended to notify recipients of new developments in the law. Generally speaking, a jury thinks, Why should the company owner be treated better than Joe on the production line? If a rule says all employees, it should mean all.. 20% Discount On All Memberships, Enter Your Email Train supervisors. Enforce a policy for one employee, but not for anotherand guess what? www.ballardspahr.com Sign up to stay informed. In other words, employees who commit the same misconduct or display the same performance problems should be treated in the same manner. Members may download one copy of our sample forms and templates for your personal use within your organization. +1 (408) 689-8205 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. Inconsistent policies and disparate treatment of workers can be grounds for taking legal action against the company, according to the National Law Review. Bad evaluations drive settlements, Zandy said. During the six years of his employment, company attendance policies and practices changed several times. Some were told that they could nap on their breaks as long as they were in the designated breakroom. } He added that Facebook deletes about 66,000 posts reported as hate speech each week, but that not everything offensive qualifies as hate speech. 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. 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. For information regarding a specific legal issue affecting you, pleasecontact an attorney in your area. It makes sense that HR consult with a lawyer on these changes, or get some legal education, Bogas says. Inconsistent Enforcement of Policies By: Susan S. Hodges, Esq. Reynolds was supposed to work from 7:00 a.m. until 3:30 p.m. Not only does inconsistent enforcement of company policies around pay damage morale, it also violates the law. Be consistent. Review Promotion Practices to Avoid Turnover, Lawsuits - SHRM No surprises. Thats what HR professionals should drill into managers and supervisors, he said. The plaintiff, John Reynolds, was terminated on January 6, 1998, purportedly for not clocking in at the correct time. What Happens Now? 220 Laurel Road, Suite 203 Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. This makes consistency critical in the workplace. U.S. Privacy Laws: The Complete Guide | Varonis In other words, employees who commit the same misconduct or display the same performance problems should be treated in the same manner. Defend data in Salesforce, Google, AWS, and beyond. Use it as a teaching moment. +1 (408) 689-8205 Failure to follow up on complaints. This means they may quit at any time, for any reason, and your company may fire them at any time, for any reason that is legal. How to Appeal Inconsistent Employer Policies | Work - Chron Inconsistent Implementation of Remote Work Policy : r/epicsystems - Reddit Counsel and Chair, Employment and Labor Department, Parker McCay P.A. Under the National Labor Relations Act (NLRA), employees have a right to engage in protected concerted activity. Another source of inconsistencies stemming from outdated policies is a lack of organization, particularly when it comes to weeding out the old versions. At the time, the 2015 policy statement was relatively uncontroversial. var currentUrl = window.location.href.toLowerCase(); Invite debate., Track use of policies. ago 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. For example, an employer may be more lenient with a manager coming in late to work than with an hourly employee because the manager does not work a fixed schedule. 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. Train your managers, employment law attorney Aaron Zandy, SPHR, told a packed room at his early morning session at the 2014 SHRM Annual Conference & Exposition on June 24. Please try again. The New FTC Policy Statement on Unfair Methods of Competition: A Speak to your supervisor in a respectful, non-confrontational manner. $("span.current-site").html("SHRM China "); 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. Prior to the meeting, photocopy proof of the inconsistency, as well as your notes, and provide your supervisor with a copy. Request a meeting with your supervisor or manager. Second, documenting actions taken against employees captures at the time the action is taken the employers rationale for inconsistently applying established policies or past practice. For example, employers could have to reveal disciplinary actions as a result of a subpoena or during the discovery process in a lawsuit. Reynolds did not provide the names of those employees, and the human resources director did not investigate his allegations. moreinfo@compliancebridge.com.