If you’re a hardworking employee in California, you deserve fair and honest performance reviews that reflect your true contributions. When a performance review suddenly becomes the vehicle for your employer's illegal discrimination—be it based on your age, race, gender, disability, or any other protected characteristic—it’s time to fight back.
Recognize the Signs of Discriminatory Reviews
A discriminatory performance review is not always blatant. It often hides behind subjective terms and vague criticisms designed to create a paper trail for future unlawful actions, such as demotion or wrongful termination. You are protected under California law against discrimination, and this protection extends to all terms and conditions of employment, including performance evaluations.
Look out for these red flags:
Sudden or Unjustified Drop in Rating: Your current review drastically contrasts with past excellent or satisfactory reviews, with no objective, documented evidence of a performance decline.
Vague or Subjective Feedback: The criticism focuses on "attitude," "lack of cultural fit," or other subjective factors not tied to measurable job duties, while ignoring objective metrics where you excel.
Differential Standards: You notice that colleagues outside your protected group (e.g., younger workers, different race/gender) receive high ratings for the same performance that nets you a low rating.
Inappropriate Comments: The review includes commentary or questions related to your protected status, such as inquiries about your age, family plans (pregnancy discrimination), or medical conditions (disability discrimination).
Document and Challenge the Review Immediately
Your initial response is critical. You must challenge the unfair review on the record. Do not sign the document simply stating you agree with its content; if you must sign, write "Disagree" and date it.
Here’s what you must do immediately:
Write a Detailed Rebuttal: Put your objections in writing. Address each point of criticism factually and professionally. Attach concrete evidence, like prior glowing reviews, emails confirming your successes, or objective performance data, to expose the review’s unfairness.
Save Everything: Keep copies of the discriminatory review, your written rebuttal, and any communications related to the review. This documentation is crucial evidence for a potential claim of employment law violations or retaliation.
File an Internal Complaint: If your company has a formal HR process, utilize it. File a complaint alleging discrimination based on your protected characteristic. This puts your employer on notice and strengthens your position for a later lawsuit.
Protect Your Rights: Contact an Employment Lawyer
Filing a complaint internally can sometimes lead to unlawful workplace retaliation. This is why proactive legal counsel is vital. When your career is being threatened by discriminatory reviews, you need committed legal warriors who will stand up for your rights.
At Southern California Labor Law Group PC, we take pride in representing employees subjected to California labor code violations and/or Fair Employment Housing Act (FEHA) violations. Our experienced employment law attorneys handle all types of discrimination and retaliation cases, including those disguised as performance issues. We are committed to holding employers accountable for using discriminatory reviews to derail your career.
If you are a California employee who has been subjected to discrimination during a performance review, don't face your employer alone. For a free case consultation to discuss taking aggressive action, call us today at (424) 306-1515 or contact us online.
