6 Illegal Reasons to Fire Someone

6 Illegal Reasons to Fire Someone6 Illegal Reasons to Fire SomeoneAlmost all employment in the United States is at-will. (Montana is the only state that doesnt have at-will employment as a default. Unions or a contractual obligation for a particular position are the other exceptions.) That means you can fire someone for any reason or no reason as long as that reason isnt prohibited by law. So, technically, you can walk up to an employee and say, Ive decided to fire you. No reason, and its legal. Or, Your shirt has vertical stripes, and I prefer horizontal stripes, youre fired. But, that doesnt mean that every employment termination is legal. In fact, there are numerous reasons why you cannot fire an employee. The first group of illegal termination reasons is covered by Title VII of the Civil Rights Act. Race Is an Illegal Reason to Fire Someone You can, of course, fire someone of any race, just not for a reason because of their race. This is true for all races- you cant fire a wh ite person to make a place for a person of color any mora than you can fire a person of color because you prefer to hire white people. Along with race come ethnicity and national origin. In the US, you are not required to hire a person who needs company sponsorship for a visa. But, if the person is already authorized to work or is a US citizen, you cant discriminate on the basis of their national origin or ethnicity. Sex Is an Illegal Reason to Fire Someone Its illegal to fire someone for being a male or female. Federal law is clear that you cannot discriminate on this basis. A question that hasnt been wholly settled is discrimination against transgendered employees. The EEOC settled a lawsuit on behalf of a transgender individual, and the courts tend to be leaning this way. So, most likely youll find yourself in court if you fire someone for being transgender. Likewise, the courts have been clear that homosexuality is protected as well. Employers need to err on the side of kind ness and communicate that - no matter the circumstance of the firing - the termination was in no way related to gender identity, sexual identity, and so on. And a good rule of thumb dont terminate someone for their sex or their sexual identity. Period. Religion Is an Illegal Reason to Fire Someone Whether a person is an evangelical Christian, Muslim, or an Atheist, their religious beliefs (or the lack thereof) are protected. Exceptions exist. For example, if you are a temple- if your Jewish Rabbi converts to Christianity, you can fire him, but in your for-profit business, forget it. Religion is protected. And like disabilities, you may be required to make some accommodations as long as they dont create an undue hardship. If a Muslim employee doesnt want to handle alcohol, for example, and the only time the situation comes up is once a year at the company holiday party, you can reasonably accommodate the persons wishes. If, however, a Muslim employee doesnt want to handle alcohol and your business is a bar, it would probably be reasonable to fire him. Disability Is an Illegal Reason to Fire Someone The Americans with Disabilities Act prohibits firing someone because of a disability- real or perceived. You cannot terminate someone for being disabled and you have to provide reasonable accommodation for an employee with a disability. Reasonable accommodations vary from business to business and job to job. Most likely it is a reasonable accommodation for a diabetic marketing employee to keep food at her desk and eat it when needed. At the same time, it is not a reasonable accommodation for a diabetic employee who works in a manufacturing clean room to keep food in her pocket. The law doesnt explicitly define what conditions are considered disabilities, but instead says anything that involves a major life function can qualify. Age Is an Illegal Reason to Fire Someone Age is unlike the others because you can (technically) fire someone for being too young, but not for being too old, as long as that old is over 40. After 40, the Age Discrimination in Employment Act (ADEA) kicks in. You cant fire someone for getting old. If you are even thinking about this, remember that someday, you too will be over 40. Youll appreciate the legal protection while you have the opportunity to maintain your professional relevance. Pregnancy Is an Illegal Reason to Fire Someone Pregnant women are protected under the Pregnancy Discrimination Act. Just because a woman will need to take some time off isnt a sufficient reason to fire someone. If a woman has worked for you for 12 or more months, you have 50 or more employees, and shes worked at least 1250 hours in the past year, shes also protected by the Family Medical Leave Act, which means you need to give her up to 12 weeks of protected leave to deal with the pregnancy, birth, and bonding with the new baby. Remember, these laws protect you from firing people for these reasons but they dont protect empl oyees from employment termination for other reasons. The best practice is to terminate only after a failed performance improvement plan, for cause (such as stealing), or a layoff. Otherwise, approach any employee termination fairly and professionally and follow the law. DisclaimerPlease note that the information provided, while authoritative, is not guaranteed for accuracy and legality. The site is read by a world-wide audience and ?employment lawsand regulations vary from state to state and country to country. Please seek legal assistance, or assistance from State, Federal, or International governmental resources, to make certain your legal interpretation and decisions are correct for your location. This information is for guidance, ideas, and assistance.