This month, in Walsh v. HNTB Corporation, the U.S. Court of Appeals for the First Circuit affirmed a district court finding that placing an employee on a performance improvement plan (PIP), by itself, does not rise to the level of a per se legally redressable "adverse employment action” under federal anti-discrimination laws. While the decision in Walsh explains that the inquiry “is fact-intensive and PIP-specific,” it offers guidance for determining how a PIP can be implemented without constituting an "adverse action." Read More