Jill Chasson Breaks Down New Court Guidance on PIPs & Adverse Employment Actions in HR Laws

Performance improvement plans (PIPs) remain a common tool for addressing workplace performance and conduct issues, but evolving discrimination standards have raised new questions about when PIPs could trigger liability concerns for employers. In the July issue of HR Laws, Partner Jill Chasson examined a new U.S. First Circuit Court of Appeals decision that offered helpful guidance on how courts may evaluate PIPs under the post-Muldrow standard for adverse employment actions. Jill analyzed the recent Walsh v. HNTB case, which involved a long-tenured employee who claimed her placement on a PIP supported age discrimination and constructive discharge claims. The court found that the PIP did not change the employee’s pay, title, responsibilities, or opportunities, and therefore did not qualify as an adverse employment action. Still, the court affirmed...

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