Here we are looking at the seven characteristics that can give rise to an accusation of discrimination against an employer. These are age, race, sex, religion, national origin, disability or pregnancy. The definition of disability is looked at in our article on “Disability – no reason for discrimination or termination”. The rest of the seven characteristics are more clear-cut and easy to understand.

The major turning points for an employee’s career can be seen as promotion, job assignment, termination and wage increases. Job assignment is the most difficult one to look at and control. It would be difficult to ignore that an employee, or employee’s partner, is due to give birth at a time which is crucial for the completion of a project. This is especially true when considering which people should be assigned to any project. The same could be said of someone who is due to have major surgery which is planned to take place at a crucial time in the project. However, such considerations can be construed as illegal and care must be exercised, remembering the fact of the birth, does not become an illegal reason to choose someone else to work on any project or to have any given role in the company.

It is much more clear-cut when the subject is promotion, wages or termination. These factors are not to be considered.

We have only dealt with discrimination and the seven characteristics which are illegal to discriminate over. However, there are some very clear guidelines about termination which apply to every employee regardless of the seven characteristics.

You cannot terminate an employee if they refuse to break the law. It may be as simple as refusing to falsify figures which go into the company’s accounts, or driving at more than the speed limit. The employee is within his or her rights to refuse, and there is nothing you as an employer can do to force them to break the law.

You cannot terminate an employee because they have filed a discrimination or safety claim. It is very tempting to react and to get rid of that person from the organization but it has to be done for some reason other than their claim.

If an employee is taking leave under the Family and Medical Leave Act, you can’t use that as a reason to terminate their employment. The Family and Medical Leave Act is there to enable people with a medical emergency themselves or within their family to be helped and cared for. They should not face termination because of a medical emergency.

In order to terminate someone’s employment you must follow your own procedures. You can’t simply dream up a way of doing things that is arbitrary. One of the advantages of going to work for an established company will be their procedures which have been tried and tested over time. A newer company or even a new manager may not be fully aware of the procedures.

An employer may only terminate someone as defined in their employment contract. It is no good adding to the reasons. This would also include any “At Will” statement for those who have not received a written contract of employment.
As an employer you need to be careful. You should always seek legal assistance in these matters before they become an issue in your company.