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