06/05/2013
Here’s some good news for those worried about absolute fairness in discipline: You have more latitude than you may think. Courts will use another employee’s lighter discipline as discrimination evidence only if the two employees being compared committed offenses of “comparable seriousness,” which generally means their wrongdoing was “nearly identical.”
05/17/2013
You have no doubt heard that employees who break the same rule should receive the same punishment. That’s true in most circumstances. However, nothing prevents employers from treating similarly situated employees differently if the facts warrant it. In those cases, however, details matter.