A cognitive process appraisal itself may become the target of a lawsuit. Indeed, no evaluation system is completely immune to the risk of litigation. even off a well-designed system can subject an employer to various liabilities if it is badly implemented or applied in an inconsistent manner. If they ar well written and consistent, appraisals can support disciplinary or termination decisions. However, if poorly implemented they can support the plaintiffs position.
As courts continue to carve exceptions out of the one time solid at-will doctrine, employers are facing escalating requirements for proof of legitimate chore reasons for many personnel legal actions.
The employee performance evaluation has become the foundation garment of the employers defense against discrimination and wrongful termination charges and, as a result, has become one of the managers virtually important responsibilities.
Appraisals are Your Greatest Vulnerability When:
1) They are prejudiced and Inconsistent
An employer may be liable for adverse employment decisions make against employees based on one of many protected characteristics. instantly the legal system affords protection to attributes such as age, race, sex, internal origin, religion and disability. This cause of action is termed disparate treatment.
Some states to a fault protect sexual orientation and HIV, marital, pregnancy and military status. Performance evaluations become a liability even if they cause an unknowledgeable impact on a protected class. Such action is termed disparate impact.
CASE STUDY
Vaughn v. Edel (1990): A discharged black distaff employee, Emma Vaughn, brought a Title VII action against Texaco, Inc. The evidence showed that, to avoid a discrimination suit, Vaughns supervisors were told not to confront her about her work. In neither criticizing Vaughn when her work was unsatisfactory nor counseling her how to improve, Texaco toughened Vaughn differently than other employees because of her...If you want to get a honest essay, order it on our website: Orderessay
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