Page 4 - White Paper-Employment Termination

found it to be covered (in some circumstances) under disability discrimination.

Similarly, though parental status is not a protected class, there are situations in

which disparate treatment of a female employee who has small children might be

fashioned into a gender discrimination claim.

This does not mean that an employee in a protected class cannot be fired or

disciplined. It does mean that the employer needs to be prepared to demonstrate a

legitimate reason for the action if it is ever challenged by the employee. Recall

that there is no legal requirement for a system of warnings or progressive

discipline, but regular use of these practices, including documentation of legitimate

performance issues, can protect the employer from claims of discrimination where

there was a non-discriminatory reason for the termination. Where evaluation

systems, performance reviews, and disciplinary processes are consistently applied

they can help protect an employer from legal claims, but if the systems are applied

inconsistently, they might have little effect on the employer’s exposure and in

some cases can even do harm.

slnlaw LLC
46 South Main Street Sharon MA 02067 781-784-2322 www.slnlaw.com