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In this episode of the Employee Survival Guide, Mark explores how performance improvement plans are inherently discriminatory.

When managers issue Performance Improvement Plans with assertions of poor performance not based on fact but more on subjective conclusions and then set unreasonably high goals unequal to other employees, the system is rigged for failure, abuse and discrimination from the start.  Performance Improvement Plans have been trumpeted around the employer sandbox for years to “control” employees and form a defense to future litigation. Performance Improvement Plans do not improve employee performance, but only create employee dissatisfaction and fodder for articles like this one. We have written about how abusive Performance Improvement Plans are and what employees can do to beat them HERE and HERE.

As an employment attorney and litigator, I have access to legal databases containing nearly every decision from courts around the country. I went searching for case decisions to support the above conclusion that PIPs are inherently discriminatory.  While I found cases where the employees were unable to demonstrate discriminatory intent and lost, I was also able to easily locate cases of arbitrary PIPs designed to discriminate.  The following cases are recent examples of employers using arbitrary and discriminatory PIPs against employees.  I will let you judge for yourself why Performance Improvement Plans are inherently discriminatory.

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If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.

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