Performance Improvement Plan Is Not Enough to Support Discrimination Claim

An employee is required to demonstrate an adverse employment action in order to prevail on a claim of discrimination. Adverse employment actions are typically a termination, demotion, suspension or reduction in pay. The Third Circuit Court of Appeals ruled that a company placing an employee on a Performance Improvement Plan (commonly referred to as a PIP) is not an adverse employment action pursuant to the Federal Anti-Discrimination laws. See Reynolds v. Dep’t. of the Army, 3rd Circuit, PA, July 22, 2011. Accordingly, in order to prevail on a federal discrimination claim, an employee will be required to demonstrate an adverse employment action beyond a PIP in order to succeed.

August 9, 2011 – Tom McKinney – Castronovo & McKinney

Thomas A. McKinney, Esq.

Thomas A. McKinney, Esq. is an experienced New Jersey Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. If you have questions about this article, contact Thomas today by clicking here.