Can a bad performance review be an example of discrimination?

On Behalf of | Mar 2, 2023 | Workplace Discrimination |

Receiving a good performance review can be a life-changing event that may lead to better opportunities, better pay and a better future for you and your family. That is why it can be so dismaying when you receive a bad performance review from your employer when you are genuinely confident in your own work.

This raises the question of whether your boss is actively discriminating against you and expressing it through your performance review. It is important for you to understand the meaning behind these actions and your options in combatting unfairness in the workplace.

Why might a malicious employer give an unfair review?

The Indiana Civil Rights Commission explains that workers have the right to undergo employment without suffering discrimination on the basis of gender, ethnicity, disability or any other traits that are outside their control. An employer who holds a bias against you for any of these protected traits might give a wrongfully poor performance review to maliciously hinder your career. They might do this, for example, if they misguidedly believe that they are benefitting the company for doing so or if they hold a personal grudge against you.

What can you do about workplace discrimination?

It can be difficult when it is your word against your employer’s regarding a performance review. It is important to have evidence on your side proving that your employer has a bias against you or that they are treating you differently than your peers.

Though it may not always be apparent that a bad performance review is an example of discrimination, you do have the right to question your boss as to why you are receiving a certain score. If you feel that your employer is lying to you about their reasons, you have all the more cause to pursue legal action.


FindLaw Network