Workplace Racism in Performance Reviews

Performance reviews are critical aspects of your career. These evaluations are what determines whether you receive promotions, salary raises, bonuses and incentives, and the stability of your job. When your supervisor or employer starts treating you unfairly and evaluates your performance poorly due to your race or your skin color, you may have become a victim of workplace racism.

Biased evaluations can halt your career progression, and may result in a toxic work environment. This article will look into what to look for if you suspect you’re experiencing workplace racism, the difference between subjective and objective evaluations, and how a race discrimination attorney can provide legal guidance.

Can Workplace Racism Affect Performance Reviews?

Performance reviews should measure your work performance, not your race. 

There are instances where a supervisor has predisposed racial bias, and may unfairly judge your performance based on your skin color. Rather than racist insults or downright racist comments, racial bias can sometimes be hard to notice.

If you’ve noticed you and other coworkers who are similar in race or skin color are treated unfavorably, receive harsher criticism, lower ratings, and subjective feedback, it may be signs of workplace racism. When this racist ideology translates to performance reviews, it can permanently affect your work record.

When Does an Unfair Performance Review Become Illegal?

In most cases, a biased performance review is not considered illegal. While favoritism can be unfair for employees, unless there is evidence that can prove the bias is unlawful, the case may not be valid.

In order for a performance review to be considered illegal, it must have signs of the following:

• Retaliation: If your supervisor punishes you for engaging in legally protected activities such as reporting illegal activities or applying for FMLA, it may be considered retaliation, which is considered unlawful.
• Defamation: The statements in the performance review must not contain false statements that maliciously damage your reputation and shared towards people who are not obliged to know what’s written in your evaluation.
• Breach of Contract: A negative performance review must not breach your 
• Discrimination: Performance reviews must not use race, gender, national origin or any other characteristics as a determining factor on what your performance metrics are measured on.

If you notice signs of any of the previous, a racism lawyer may be able to help.

Signs of Workplace Racism in Performance Reviews

Workplace racism, especially in performance reviews, is not always apparent. Knowing the signs of racial prejudice can help you find out if your rights have been violated.

Subjective Criticism Instead of Measurable Performance

Criticism of work performance must be completely objective. If you’ve been putting in the hours, reaching your KPIs, and have been collaborating properly with your team, a negative review may not be based on your performance.

Many higher ups would hide their racist thinking by evaluating you with vague language. If you’ve received critiques such as “not leadership material”, “doesn’t fit the culture”, or “not a team player”, it may be a sign of subtle racial bias.

Different Standards for Different Employees

A common sign of race discrimination in the workplace is when you’re ruled stricter standards than employees of a different race. All employees of the same level and same supervision must be led by the same standards in order for the workplace culture to be considered fair. If you suspect you’re experiencing race discrimination, stricter standards may be a good indication of the behavior.

Some examples of unfair standards include:

• Stricter attendance expectations: If your manager is more lenient to your coworkers in terms of attendance, it can be a sign of discrimination. If you notice your manager letting your coworkers be late for work without reprimanding, but you get punished for the same violation, it can be a tell-tale sign of racist management.
• Harsher deadlines: While hitting deadlines are an integral part of good work performance, being forced to reach shorter deadlines, or experiencing more severe coercive action for failing to reach specific deadlines can be an indication of racial bias.
• Inconsistent quotas: You and your coworkers of the same role must be set with the same quotas. If you’ve been forced to meet larger quotas than your coworkers, your manager may be abusing their power to treat you unfairly.

Similar Performance, Different Ratings

Another indication of workplace racism in performance reviews is when you performed your job duties properly, but are still evaluated poorly in comparison to your coworkers. If you’ve met the same quota, reached the same deadlines, and had a similar attendance rate to your coworker, receiving a worse evaluation may be a sign of unfair treatment.

Poor Reviews After Reporting Discrimination

If you’ve reported discriminatory behavior, and your performance reviews start becoming negative right after, you may have experienced workplace retaliation. If you have documented proof that you have performed your role properly, and met your quotas, you may have a case against your employer.

Positive Results but Negative Evaluations

One of the most common indicators of racist evaluations is when you’ve exceeded all your quotas, achieved excellent customer reviews, and consistently received positive feedback, but still receive a poor evaluation.

Negative performance review results must be justifiable and based on objective proof that you’ve been underperforming. 

How Workplace Racism Can Affect Your Career Beyond a Single Review

Besides a bad performance evaluation, racism and discrimination in the workplace can reduce your chances of getting promotions, bonuses or raises. It can become increasingly difficult to pursue leadership opportunities, or work comfortably without risking termination.

Performance Improvement Plans (PIPs): When They May Signal Workplace Racism

A Performance Improvement Plan (PIP) is a process conducted to help employees who are considered performing below standards, to develop a roadmap towards improving their performance or risk termination. While receiving a PIP can be alarming, it doesn’t automatically mean you’ll be laid off. The goal is to reach an acceptable performance level that you can be considered qualified for the role.

A PIP may be a sign of workplace racism when it applies to you even though you have been performing effectively. If you’ve been provided a PIP, and the plan includes unrealistic goals, deadlines that are impossible to reach, or if the enforcement of the PIP seems selective depending on the skin color, it is likely to be considered race based discrimination.

However, a PIP alone cannot be evidence of discrimination. If there is no consistent, concrete pattern of discriminatory behavior, your PIP may be considered not- even when it’s subjective.

Objective Performance Metrics vs. Subjective Evaluations

Work performance are objective metrics that are measured by the level of attendance, productivity, and completion of work tasks and objectives. The reason an employee is hired is to provide value for the company, no matter their race, gender, or other identifying characteristics. 

When an employee’s performance gets reduced to just their skin color or race, it can limit their potential to grow their career or be more productive. Subjective evaluations can cause employers to lose their best employees, or good employees to experience a toxic work environment.

Here are some of the specific differentiations of an objective and a subjective performance evaluation:

Objective Performance	Subjective Evaluation
Reaching quotas (Sales numbers, KPIs)	Attitude
Productivity (Tasks performed, goals achieved)	Leadership potential
Attendance	Professionalism
Error rates	Personality
Completed projects	Cultural fit
Customer satisfaction	Communication style

Subjective metrics are highly unreliable, and can make companies lose their best performing workers due to unnecessary factors.

Federal Laws That Protect Employees From Workplace Racism

There are seldom any specific state laws that protect from workplace racism. However there are several federal laws that are applied to most race discrimination cases.

Title VII of the Civil Rights Act of 1964

Title VII of the Civil rights act of 1964 is a law that prohibits employment discrimination based on characteristics such as race, sex, disability, or religion. It protects you from discrimination from hiring, promotions, job training, and other terms of employment. This law only applies to companies that have 15 employees or more, and compensations may be limited to the size of the company.

If you suspect you have a valid claim under Title VII, you must file an EEOC charge before considering filing a lawsuit.

42 U.S.C. § 1981 (Section 1981)

Title 42 of the United States Code, Section 1981, is a federal law that prohibits race discrimination. It covers discrimination based on race, color, and ethnic characteristics. Unlike Title VII, this law applies to any employers regardless of the size of the company.

While it may have some overlaps with Title VII, this law is specifically only for race discrimination cases. Compensatory damages are not limited to the size of the employer.

Should You Sign an Unfair Performance Review?

Yes, you should sign the performance review even though it may be unfair. 

Although it may be true that discrimination was a factor that led to your poor performance review, choosing not to sign a PIP can be justifiable grounds for termination. You can choose to clarify statements, request HR review, or add written comments to voice your opposition, but you must sign your performance review.

What Should You Do If You Believe Race Influenced Your Performance Review?

If you suspect workplace racism is a factor that affected your negative performance review, you should read through your evaluation and request objective metrics like your work performance or accomplished projects. Compare your evaluation with your coworkers to validate that racism may have affected your grade.

Document emails, messages, and projects you’ve accomplished that proves you’ve performed your work properly. Keep track of attendance records, or positive feedback you’ve received as additional evidence. Once you’ve collected enough documentation, file a complaint to your HR.

If your internal complaint did not provide a resolution, file an EEOC charge for a discrimination case. The EEOC will investigate your claim, and if the case is still not mediated, they will provide you with a Notice of Right to Sue. This notice will allow you to file a race discrimination lawsuit with an attorney.

Frequently Asked Questions

Can workplace racism affect performance reviews?

Yes, if your manager is constantly discriminating you because of your race, they may evaluate you poorly in your performance review.

Can I sue because of a biased performance review?

Yes, depending on the reason (discrimination, retaliation, breach of contract etc.), you may have a case against your employer due to a biased performance review.

How do I prove race discrimination in my evaluation?

You need sufficient documentation including emails, attendance records, sales quotas, customer feedback, and any other evidence that can prove that you’ve performed and accomplished the standards for your work and are still rated poorly.

Should I sign a poor performance review?

Yes, you must sign a poor performance review even if 

Can a PIP be discriminatory?

Yes, a PIP can be discriminatory. If an employer or supervisor shows consistent favoring 

Can my employer retaliate against me?

No, workplace retaliation is against the law, and may violate the Fair Labor Standards Act (FLSA).

What laws protect you against a discriminatory performance evaluation?

Title VII of the Civil Rights act p

When Should You Contact a Workplace Racism Attorney?

Race discrimination can be subtle. It can start with underhanded comments, subjective performance evaluations, and lead to wrongful discriminatory termination. When you notice unfair treatment at work due to your skin color, you may qualify to file for an EEOC complaint or a race discrimination claim.

Your rights are protected under Title VII of the Civil rights act, even in at-will employment states. A race discrimination attorney can help you understand how strong your case is, and what your next steps should be. Contact Kira Fonteneau, an employment and civil rights lawyer, to help you start your claim today.