While the process of demoting an employee can seem a stressful and intimidating endeavor, sometimes it could also prove necessary. However, companies in Hawaii that face similar issues may find it helpful to be thorough with how they approach this process and to use caution to avoid violating the rights of the employee. As workplace demotions that involve a violation of employee civil rights can create a variety of challenges, taking steps to avoid such issues may be integral to protecting the interests of everyone.
Civil rights violations
Experts indicate that there are various scenarios in which a demotion might lead to a violation of civil rights. While the presence of discrimination is an issue many companies might feel it is vital to protect against, studies indicate that demotions based on discriminatory factors continue to impact the lives of many workers. Businesses that wish to protect against allegations of discrimination may benefit from being thorough and clearly documenting the reasons behind a demotion.
Studies also indicate that companies might benefit from adhering to rules and protections provided by the Family Medical Leave Act. Demoting an employee who is currently on leave or has recently returned to work could prove a complex task and using caution when approaching similar endeavors may prove imperative. This may also apply to employees who are active members of the military and are on or returning from active duty.
Addressing the options
Companies that feel it is necessary to carry out a demotion and do not wish to violate an employee’s civil rights in the process might benefit from seeking guidance prior to making a final decision. By speaking with an employment law attorney, a company could obtain much-needed advice in carefully addressing the situation and exploring its available options. An attorney can help a client in Hawaii take steps to protect its interests and promote civil rights compliance during similar business endeavors.