Page 13 - Microsoft Word - Updated Book Draft 2 23 2017 (1)

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

9| Rules of the Road