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...
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