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

When managers issue PIPs 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.  PIPs have been trumpeted around the employer sandbox for years to “control” employees and form a defense to future litigation. PIPs do not improve employee performance, but only create employee dissatisfaction and fodder for articles like this one. We have written about how abusive PIPs 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 PIPs are inherently discriminatory.

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