Here’s something to keep in mind when you find yourself having to terminate an employee who may later sue for race or other discrimination. Past positive evaluations and promotions can be used as solid evidence you didn’t discriminate against the employee.
For most managers, conducting effective performance reviews is the most daunting part of their job. Don’t look on it with dread! Make your performance appraisals work for you, not against you with these tools: performance review examples, tips on writing employee reviews, sample performance reviews and employee evaluation forms.
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Train all bosses to avoid even the appearance of favoritism. Explain that excluding anyone from an “inner circle” may trigger a lawsuit, especially if those on the “in” list are largely members of the same protected classification as the supervisor or manager. Something as simple as speaking a common foreign language with select subordinates can trigger a lawsuit ...
Sometimes, it makes sense to settle an EEOC complaint rather than risk a lawsuit and all the costs that go along with litigation. Of course, that settlement probably will come out of some department’s budget. Warn the department manager to take the hit with grace and resist the temptation to show anger or resentment.
Mary Barone had worked for United Airlines since 1995. In 2005, she was promoted to manager of business process administration in Denver. Eventually, Barone sued for discrimination and retaliation, alleging constructive discharge—essentially that she had no choice but to resign.
It’s easy to understand why supervisors and managers get upset when one of their subordinates files an EEOC complaint. After all, how can you not take it personally if someone says you discriminated based on race or sex or for some other illegal reason? But the worst thing those managers and supervisors can do is punish the subordinate.
Sometimes, employees work with several supervisors, all of whom provide input on that employee’s performance. But courts generally won’t view differing evaluations by more than one supervisor as evidence of discrimination
Before you use attitude as one of the reasons for rewarding one employee over another, consider how you will defend that decision if another employee thinks it was based on discrimination. Here’s how to use attitude as a decision factor.
When jurors hear that a company has a clear set of disciplinary rules but made an exception in the case of someone who just filed an EEOC or internal discrimination claim, they may jump to the conclusion retaliation occurred.
You never know which employee is going to sue you over a lost promotion, poor evaluation or other perceived slight. That’s why you should always keep careful track of all work deficiencies and document what role they played in every employment decision.
In response to numerous performance-related questions from employers, the EEOC released a detailed guide to help employers apply performance and conduct standards to employees with disabilities. Here’s a summary of the EEOC’s recommendations.