What specific legal risk arises from inconsistent application of performance improvement plans?

The specific legal risk that arises from the inconsistent application of performance improvement plans (PIPs) is 'discrimination' based on protected characteristics, creating legal exposure related to 'wrongful termination' and 'disparate treatment'. A performance improvement plan (PIP) is a documented process used by employers to address employee performance issues and provide a structured opportunity for improvement. When PIPs are applied inconsistently, it can create a situation where employees with similar performance issues are treated differently based on factors such as race, gender, age, religion, or disability, all of which are protected under anti-discrimination laws. This disparate treatment can lead to claims of discrimination if an employee is terminated after being placed on a PIP, while other employees with similar performance issues, who do not share the same protected characteristics, are not placed on a PIP or are given more lenient treatment. For example, if a female employee is placed on a PIP for missing sales targets, while male employees with similar performance are not, this could be evidence of gender discrimination. Similarly, if an older employee is placed on a PIP for struggling with new technology, while younger employees with the same struggles are provided with additional training and support, this could be evidence of age discrimination. Inconsistent application of PIPs can also undermine the employer's defense against wrongful termination claims. If an employee is terminated for poor performance after being placed on a PIP, but the employer cannot demonstrate that the PIP was applied fairly and consistently across the organization, the employee may argue that the termination was pretextual, meaning that the stated reason for termination was not the real reason, and that the termination was actually motivated by discrimination or other unlawful factors. Therefore, consistent and equitable application of performance improvement plans is crucial for mitigating legal risks related to discrimination and wrongful termination.