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Performance Management through the Lens of Keys v. Humana (2012)
Kathryn Keys, former employee of Humana Incorporated, filed a claim of racial discrimination under the Civil Rights Acts of 1964 and 1991 (Keys v. Humana, 2012). The U.S. District Court for the Western District of Kentucky sided with the defendant, Humana Inc., in January 2010 and dismissed the case on the grounds that the facts were insufficient to support a claim of racial discrimination under the McDonnell Douglass framework. The McDonnell Douglas framework requires the plaintiff to show that they are a member of a protected class, were qualified to hold the job in question, were treated differently than others not belonging to a protected class or were replaced by an unprotected person, and were harmed by an employment decision. Specifically, the lower court found that Keys failed to show that Caucasian employees who were not fired were indeed performing the same or similar tasks that were assigned to Keys.
The reason that the appeals court reversed the lower court's decision and remanded it for further proceedings was that the lower court erred when it applied...
Humana, 2012). This decision was based on U.S. Supreme Court jurisprudence from Swierkiewicz v. Sorema (2002, as cited in Keys v. Humana, 2012), which limited application of the McDonnell Douglas framework to the evidentiary phase of the trial. The Supreme Court's rationale was based on the fact that the McDonnell Douglas framework will not apply to all discrimination suits, therefore its use during pleading was inappropriate and contradicted the liberal pleading requirements under the Federal Rules. In other words, all a plaintiff need do is present their side of the story in plain and simple language during pleading to establish a prima facie discrimination claim. Based on the allegations presented by Keys and her legal team, the appeals court found more than sufficient evidence to support a prima facie claim of discrimination.
The goal of performance management is to provide an assessment of an employee's job performance, in such a way that it reflects not only an employer's expectations, but how well an employee is meeting those expectations (Littler Learning…
References
Human Inc. (2012). Well-being starts with us. 2010 & 2011 Corporate Social Responsibility Report. Retrieved 26 Feb. 2014 from http://apps.humana.com/marketing/documents.asp?file=1853059.
Keys v. Humana Inc., No. 11-5472 F.6th (Fed. Cir. 2012).
Littler Learning Group. (2009). Performance management and corrective action: A resource guide for managers & supervisors. Retrieved 25 Feb. 2014 from http://www.csus.edu/hr/docs/professional/perfmgmtandcorrectiveaction050109.pdf.
Van Bogaert, D.A. (n.d.). New legal battlegrounds for performance evaluations. Retrieved 25 Feb. 2014 from http://myweb.lmu.edu/dbogaert/newlegalbattlegroundspedvb.pdf.
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