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Currently, I hold a position of Director of Communications and Safety. I have limited experience with human resources but I have seen how different decisions affect the people that work for the district. I aspire to take a position in power regarding human resources because I believe I can implement impactful change. More specifically, I can assist districts in legally and ethically firing employees. Researching this topic and acquiring knowledge about the different policies and laws of termination has been insightful. With administrative leadership experience, I can use this knowledge to help the district with the liability of these actions. The audience that I would consider to be the most important for a topic regarding human resources would be the superintendent and school board. They make the decisions on letting employees go. Providing viable both parties with information regarding the process of each action would secure me a position within the district. Again, bringing information to the district could assist in everyday situations, but more specifically situations that could cause the district large liabilities.

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When facilitating the hiring and firing of an organization, upper-management typically deals with these issues. However, when discrimination is alleged other governing bodies need to investigate and if necessary, carry out appropriate actions regarding termination. The Civil Rights Division of the Texas Workforce Commission assists employees who have been wrongfully termination. The Civil Rights Division helps investigate, educate organizations about policy, as well as educate and train organizations about appropriate termination practices (Civil Rights Division, 2023). Both legal parties do hold organizations accountable when they discover wrongful firing practices which include any type of discrimination. No matter who holds sole, initial accountability within an organization, the Texas Workforce Commission can help hold organizations accountable when they wrongfully terminate employees.

Citations:

(Civil Rights Division, 2023)

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 Slide #3: Constitutional Laws Concerning Termination

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 Slide #3: Constitutional Laws Concerning Termination

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The United States prohibits any type of discrimination toward employees. Discrimination can involve firing an employee based on gender, religion, national origin, race, and disabilities. Multiple laws prohibit wrongful termination because of discrimination. One of these laws is the Title VII Act of the Civil Rights Act of 1964. This prevents organizations and companies from discriminating against employees or potential employees based on race, age, national origin, disability, color, and religion (Title VII of the Civil Rights Act of 1964, 1964).

Enforced by the Civil Rights Center

Additional discrimination that is prohibited under the law is discrimination against pregnancy or childbirth, sexual orientation, marital status, and gender identity

Penalties for non-compliance may include compensatory and punitive damages, financial and spiritual damages for the company as far as business is instructed.

Federal or State courts can legally enforce the law

https://www.justice.gov/sites/default/files/crt/legacy/2010/12/15/Title_VII_Statute.pdf

The Texas Constitution also states Equality Under the Law, which prohibits any individual denial or abridging opportunity based on race, sex, gender, creed, or national origin (Tex. Const. § 3a, 1972).

Enforced by the Texas Workforce Commission

Additional discrimination has also stretched to pregnancy and childbirth, as well as sexual orientation and gender identity

State courts can enforce the equal opportunity law to prevent discrimination in the workplace

https://tlc.texas.gov/docs/legref/TxConst.pdf

Citations:

(Tex. Const. § 3a, 1972).

(Title VII of the Civil Rights Act of 1964, 1964)

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 Slide #4: Statues and Administrative Laws

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 Slide #4: Statues and Administrative Laws

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The Federal Trade Commission passed the Whistleblower Protection Act which protects individuals from retaliation if they disclose information about an organization. This law does not allow organizations to fire, harm, demote, or threaten employees or former employees from disclosing information that may cause harm to the company (Whistleblower Protection Act, 1989).

Employees cannot be fired for disclosing information about an organization

Enforced by the Office of Inspector General, under the Department of Homeland Security

Retaliation, demotion, or retaliation of an employee due to disclosure of information can lead to reinstating the employee of their previous position, financial compensation for money lost, and punishment of the supervisor who took action against the whistleblower

Protection against whistleblowers holds up when an employee discloses information about violations of laws, rules, or regulations, mismanagement, waste of funds, abuse of authority, and an action that can cause damage to workers and the public (Whistleblower Rights and Protections, 2023).

https://www.oig.doc.gov/OIGPublications/WP_Whistleblower-Protection-Act-of-1989.pdf

The Texas Labor Code helps enforce Title VII of the Civil Rights Act of 1964, ensuring that no employee is discriminated against. The law states that employers cannot discriminate against race, gender, religion, or national origin (Texas Labor Code, ⸹21.001, 1995).

This state statute upholds the federal law against discrimination in the workplace

Not adhering to the statute could result in civil and legal suits, where victims could receive compensatory and punitive damages

In Texas, the timeline to file a suit against wrongful termination is 180 days

https://statutes.capitol.texas.gov/Docs/LA/htm/LA.21.htm

Citations:

(Texas Labor Code, ⸹21.001, 1995).

(Whistleblower Protection Act, 1989)

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Slide #5: Legal Cases Regarding Termination

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Slide #5: Legal Cases Regarding Termination

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A company wrongfully fired an employee because of their sexual orientation (Bostock v. Clayton County, 2020). This employee experienced termination because they identified as homosexual or transgender. Cases like these violate Title VII of the Civil Rights Act of 1964 because employees are prohibited from being discriminated against due to characteristics such as sexual origin (Title VII of Civil Rights Act of 1964).

The terminated employee was fired from his position because of his sexual orientation

Due to his firing, the former employee filed a claim that he experienced discrimination

Following his termination and the suit, the employee received $825,000 in monetary relief for backpay and punitive damages

The terminated employee reported the claim, followed the legal path to pursue relief, and was rewarded with money because the organization violated Title VII of the Civil Rights Act of 1964

https://www.supremecourt.gov/opinions/19pdf/17-1618_hfci.pdf

In a termination case, an employee with Down Syndrome was terminated because the store changed its computer system and she was not mentally resilient enough to comprehend the system (EEOC v. Wal-Mart East, L.P., 2017). She began showing up to work later and leaving early. The store stated the employee had become chronically absent, but never made adequate accommodations for her. This is an example of wrongful termination that may seem ethical to the employer but can also result in legal consequences because of the employee’s state of mind.

The organization violated the Americans with Disabilities Act, which requires that all employees with identified disabilities, have to receive accommodations (Americans with Disabilities Act, 2008).

The employee should have received accommodations, even when new systems or rules or set into place

For employees to receive accommodations, they have to make the organization aware of their disability

Communicating a disability with workplaces does not have to be shared until employed by the organization

Employees cannot ask about accommodations in an interview

This employee reported her wrongful termination and received a monetary reimbursement for her troubles

https://www.eeoc.gov/sites/default/files/2020-11/Walmart%20Stores%20East%20LP%20EEOC%20v%207C%20rep-br%2010-20%20pmk.html

Citations:

(Americans with Disabilities Act, 2008)

(EEOC v. Wal-Mart East, L.P., 2017)

(Bostock v. Clayton County, 2020)

(Title VII of Civil Rights Act of 1964)

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Slide #6: Federal Regulations and Mandates for Termination

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Slide #6: Federal Regulations and Mandates for Termination

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Employees can also not be terminated due to a medical emergency that may force them to a leave of absence (Family and Medical Leave Act, 1993).

Employers do not have to pay employees on leave but they cannot drop their insurance

The leave may be costing the company money, but if an employee has insurance it cannot be terminated

Not all employers offer insurance benefits so this applies only to employees who have insurance coverage through their organization

This is enforced by the U.S. Department of Labor

If an employee is terminated, they have the right to choose if they want to continue carrying the insurance for a limited period

https://www.dol.gov/agencies/whd/fmla/law

During the pandemic, some companies, mostly in the medical industry, required employees to get the COVID-19 vaccine. This mandate was unethical and not upheld as a federal standard (Smith & Nagele-Piazza, 2022).

The Equal Employer Opportunity Commission upheld their support that employees could not be terminated or discriminated against because they decided against the vaccine

This was especially true due to medical or religious decisions

No federal or state bill or law was passed to enforce this mandate

Although many organizations followed through with termination on this issue, many employees accepted the termination without regard to discrimination

https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/if-workers-refuse-a-covid-19-vaccination.aspx

Citations:

(Smith & Nagele-Piazza, 2022)

(Family and Medical Leave Act, 1993)

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Slide #7: Local Policies Against Termination

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Slide #7: Local Policies Against Termination

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Perryton ISD has a policy against unlawful hiring and discharge. This prevents the district from hiring and firing employees on the basis of race, religion, sex, age, disability, and genetics (Perryton ISD, 2021).

The district cannot fire anyone based on the characteristics under the policy

The federal law Title VII of Civil Rights Act of 1964 upholds the local policy against discrimination (Title VII of Civil Rights Act of 1964, 1964).

Not adhering to the policy could result in legal action against the district and the superior who took action on the terminated individual

Policy Code DAA – Employment Objectives: Equal Employment Opportunity – Perryton ISD Board Policy Manual - Policy Online (tasb.org)

Before terminating an employee, the district must also consider recent evaluations and establish relevance regarding the termination (Perryton ISD, 2013).

Employees cannot be let go without reasonable cause unless they are on a first-year contract

This policy holds the school boards, the superintendent, and administrators liable for their actions

Recording and documenting evaluations, employee archives, and accessing these files in the event a termination needs to be made can be helpful to avoid future legal challenges

The Texas Education Code reflects this policy

Policy Code DFBB – Term Contracts: Nonrenewal – Perryton ISD Board Policy Manual - Policy Online (tasb.org)

Citations:

(Perryton ISD, 2013)

(Title VII of Civil Rights Act of 1964, 1964)

(Perryton ISD, 2021)

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First and foremost, it is best to avoid terminating employees unless necessary. If applicable, providing extra resources such as training for employees to resolve issues for termination, can assist the employee

If termination is necessary due to an employee not following policies, rules, or laws, or creating an unhealthy environment for colleagues or the public, it is best to document all the reasons and reference them at the termination. If a terminated employee does not request a hearing, the board does not have to adhere to any additional actions (Perryton ISD, 2013).

It might be more appropriate to not hire "risky" employees before an organization has to terminate them. Organizations still have to adhere to hiring laws and policies and discrimination is not prohibited. However, if the employee has a history of bad references due to insubordination or failure to comply, it may be more insurance to never hire the individual.

Citations:

(Perryton ISD, 2013)

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When referring to termination, even if an organization can fire someone without reason does not mean they should. In the Texas Education Code, districts can non-renew first-year contracts without reason (Tex. Educ. Code, ⸹ 21.206). Although this practice is acceptable, districts should still participate in best practices and document why they non-renew employees. This practice will make it easier for the district to prove why the termination was enacted and lessen the chance of legal repercussions. According to the Code of Ethics for Educators, no educator should make false statements about an employee (National Education Association, 2020). Ethics and codes support the ethical decisions of truthfully reporting and sharing information based on termination.

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.21.htm

https://www.nea.org/resource-library/code-ethics-educators

Citations:

(Tex. Educ. Code, ⸹ 21.206).

(National Education Association, 2020)

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Slide #10: Personal Connection to Ethics

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Slide #10: Personal Connection to Ethics

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In ethics, I always relate them to what you should not do even if it is not illegal or harmful to others. In my educational journey, I have been faced with making ethical decisions when completing assignments and working with peers and professors, while also carrying ethical values into my professional career. I have come to understand that some unethical choices can lead to legal consequences, while other behaviors may just result in uneasy character evaluations.

Laws and ethics regarding wrongful termination have led me to pursue a career in human resources because I think wrongful termination is more prevalent than suspected.

Learning and understanding the laws and ethics of termination can help me lead an organization to carry out more appropriate termination actions.

Pursuing a graduate degree will help me further understand what laws and policies apply to my career, while also understanding the consequences of not adhering to policies and laws.

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Slide #11: Recommendations and Best Practices for Compliance

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Slide #11: Recommendations and Best Practices for Compliance

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Know which laws affect terminating employees and what weight they hold

Be aware of any additional policies within the organization that adhere to terminating employees

If it is necessary to terminate an employee, document reasons for termination

Create a clause in contracts that states information about termination and the potential of it

If termination is referred by another superior, confirm why the termination is appropriate

When legally required, conduct hearings for terminated employees but do not volunteer hearings

Do not fire employees based on race, religion, color, gender, sexual orientation, political affiliation, or other characteristics that interfere with discrimination laws