12/08/2008
Judges are naturally suspicious. They regularly see the worst of humanity, and many don’t have the rosiest outlook on life. So when they hear that an employer suddenly disciplined an employee who has put in decades of service with nary a blot on her disciplinary record, they think “age discrimination.”
12/08/2008
Employers need flexibility when it comes to disciplining employees. But flexibility can’t come at the expense of members of a protected class. Be careful before you approve different punishments for the same or very similar rule violations.