In the News: Sasha Thaler Published in Law360 on PIPs and Employment Litigation Risk

Constangy partner Sasha Thaler authored an article for Law360 discussing the recent Walsh v. HNTB Corp. case, which lowered the bar for what constitutes actionable employer conduct under federal antidiscrimination law.

Sasha provided in-depth analysis of the case and how performance improvement plans (PIPs) have the potential to be deemed an adverse employment action, rather than routine performance management, which can leave companies as risk of a suit.

“The court reiterated that antidiscrimination law does not insulate employees from the ‘usual ebb and flow of power relations’ that may accompany a change in management,” said Sasha. “The court's constructive discharge analysis broke no new ground, but it is an important reminder of just how high the bar remains, even when there is some evidence of discriminatory animus in the record.”

Sasha went on to provide insight into the practical implications for employers based on the ruling of Walsh v. HNTB Corp., including key practices that expose companies to risk such as employing PIPs that alter the terms of employment.

To read the full article onLaw360’s website, click here.

Sasha is a partner and co-chair of Constangy's Investigations practice group with nearly 20 years of experience advising and defending employers across industries on workplace compliance, employment litigation, and dispute resolution. She counsels on a wide range of employment laws, drafts workplace policies and contracts, and represents businesses before state and federal agencies. Sasha also serves as an independent investigator in Title IX and workplace discrimination matters and is a frequent speaker on developments in labor and employment law.