Can You Challenge an Unfair Negative Performance Review?

 Posted on May 27, 2026 in Discrimination & Retaliation

Getting a negative performance review when you know it does not reflect your actual work is frustrating and upsetting. But when that review came after you reported a problem at work, or because of who you are rather than how you performed, it may be more than just unfair. It may be illegal. A Columbia, MD employment discrimination lawyer can help you figure out whether what happened to you crosses a legal line and what you can do about it.

Not every unfair review breaks the law. But when a review is driven by discrimination or retaliation, you have rights under both Maryland law and federal law. Understanding the difference between a review that feels wrong and one that actually is wrong legally is the first step toward protecting yourself.

When Is a Negative Performance Review Discriminatory?

Under the Maryland Fair Employment Practices Act at Md. Code, State Government Section 20-606, it is illegal for an employer to discriminate against you in any part of your employment, including performance reviews.

It does not have to be obvious. Some common signs that a review may be discriminatory include:

• Your reviews were positive until you disclosed a pregnancy, disability, or medical condition.

• Coworkers in the same role with similar performance get higher ratings than you.

• The feedback uses language tied to stereotypes about your race, gender, age, gender identity, genetic information, and military status.

• You are being held to standards that were never applied to anyone else.

Discrimination can be based on race, color, religion, sex, age, national origin, disability, marital status, or sexual orientation.

When Is a Negative Performance Review Considered Retaliation?

Retaliation is when your employer punishes you for doing something the law says you have a right to do. Under Maryland law, retaliation is its own separate violation. You do not have to prove that the original discrimination happened to have a valid retaliation claim.

Protected activities that can lead to retaliation claims in Maryland include:

• Reporting discrimination or harassment at work

• Filing a complaint with the Maryland Commission on Civil Rights or the EEOC

• Taking part in a workplace investigation or hearing

• Asking for a disability or religious accommodation

If you did any of these things and then received a negative review shortly after, that timing matters. A review that drops significantly right after you speak up is exactly the kind of pattern that supports a retaliation claim. Retaliation claims are among the most common complaints filed with the MCCR, and the agency treats them as serious violations on their own.

What if a Performance Review Is Just Inaccurate or Biased?

Not every bad review is illegal. But that does not mean you have no options. If your review contains information that is simply wrong, misrepresents what you did, or is clearly based on personal dislike rather than your actual work, there are steps you can take even when discrimination or retaliation is not involved.

Most employers have a process for responding to or appealing reviews. If yours does, use it. Write a response that is specific about what is wrong and back it up with documentation like emails, project results, or positive feedback you received in the past. Keep your tone professional. This creates a paper trail that helps you both internally and in any future legal claim.

Even a review that does not break the law can still affect your pay, your chances for promotion, and your job security over time. Dealing with it early and in writing puts you in a much stronger position.

What Evidence Do You Need?

Building a strong case comes down to what you can document. The more organized and specific your records are, the better your position will be.

Save everything you can. Keep copies of the negative review, any prior reviews that showed positive performance, emails related to the review, and notes from conversations with your supervisor. Write down dates, what was said, and who was present. If you filed a complaint or reported something before the review, keep records of that, too.

Comparing your review to how coworkers in similar roles were evaluated can also matter. If you can show that you were treated differently from others who were doing the same job at the same level, that comparison helps support your claim.

What Are Your Deadlines for Filing a Complaint About an Unjust Performance Review?

This is important. If you believe your review was discriminatory or retaliatory, you have 300 days from the date of the review to file a complaint with the MCCR or the EEOC. Missing that deadline can limit or eliminate important legal options, no matter how strong your case is.

If unfair treatment continues, each new act may affect the deadline analysis, so speak with a lawyer quickly.

Contact Our Howard County, MD Employment Discrimination Lawyer Today

If you believe your performance review was based on discrimination or retaliation rather than your actual work, you do not have to just accept it. At Freedman Law, LLC, we provide hands-on, accessible representation for employees facing unfair treatment in the workplace. Attorney Lindsay Freedman aggressively fights for employees when necessary in both Maryland state and federal courts. Recognized as one of the top employment lawyers in Annapolis, MD, he works directly with clients from start to finish so they always know where their case stands. Call 410-290-6232 today to speak with a Columbia, MD employment attorney. We are available 24/7.