We've always heard tht PIP is unfair and I've seen some cases where the employees sue the employer and got their severance. My question is - has anyone ever gotten a PIP due to discrimination (maybe the manager is doesnt like minorities, or they dont like pregnant women/women who is getting married), and are there any sort of protection for these people before going into PIP?

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Posting as :
works at
You are currently posting as works at

What's up with the laugh react? Quite unprofessional I must say, I guess there's a bunch of racists in the forum

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:rofl:

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Might be best to consult legal counsel or post in the lawyer bowl.

There are protections in place, but like anything it’s only as good as how people use them. Even if there are cases where people get discriminated against, I think it’s very tough to prove

That’s why company tend to try to document everything especially in regards to feedback, performance in these situations

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A good PIP process should really focus on improving underperforming individuals and retain them and not step 1 of the process to fire someone. Unfortunately that’s not how PIPs are used some times . So ideally, a PIP process should have very detailed and exhaustive documentation with specifics , metrics related to an individual’s performance along with target metrics to get out of PIP.

Same applies if you were to make a case for unfair PIP or termination. You should have very detailed examples, metrics etc.

Contrary to popular belief, a for profit firm cannot afford to keep underperforming individuals indefinitely. So the idea of PIP is right, execution can vary case by case.

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The whole point of a PIP is to document someone’s performance (or lack thereof) so if you’re getting put in a pip due to some bias in the workplace, they’d have to be able to prove it’s due to your performance. You also have the opportunity to document everything to refute any claims they make.

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It's called EEOC gives you a free lawyer, no im not kidding, if you think its unfair dismissal.

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Look up EEOC.

However, the reality is that suing is unlikely to be the most fruitful use of your time unless you have some bombshell evidence. You may be better served by focusing on job hunting. I say this as someone who got laid off with no PIP after reporting a manager's misconduct.

No. I wondered about it, but decided not to because for several reasons: I felt I lacked the legal/financial resources to take on a big corporation, I didn't think I had much great evidence on my side, it wasn't clear that I had much to gain, and I worried that the time/attention on a months to years scale needed for a lawsuit would conflict with the time/attention needed to find and excel in a new job.

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