I get what you're saying - in that people will sue over anything. But. If you being "direct" with an employee about their performance rises to an EEOC complain

I get what you're saying - in that people will sue over anything. But. If you being "direct" with an employee about their performance rises to an EEOC complaint, you absolutely need to think about what you're doing and why you're doing it. >Even if everything is above board, just the existence of the case can harm your reputation in the future, like someone who has been arrested and cleared. I have had several EEOC complaints files against me for BS reasons (I work in a field that works with folks with disabilities, and it can be difficult to separate disability and job performance for some folks). None of them have had findings, and none of them have ruined my career. I'm confused by your statement here.