HOMEPerformance Reviews: U.S. Laws On Employment Discrimination
The following laws and statutes are related to the various laws in the USA that relate to performance reviews, and how they might be used to defend against, or support the complaint of an employee lodging an anti-discrimination law suit:
Summary of Selected Laws and Legal Principles That Relate to Performance Appraisals and Potential Liability for Employment Discrimination
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Law or Legal Principle |
Summary of Law or Legal Principle |
Relationship to Performance Appraisals and Potential Liability for Employment Discrimination |
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Disparate Treatment |
Intentional discrimination; improper distinctions among individudals based on protected status (e.g., age, race, sex) |
Results of invalid or subjective performance appraisals may be used to justify improper employment decisions that are based on discriminatory motive or bias |
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Disparate (Adverse) Impact |
Unintentional discrimination; arises from employment practices that appear neutral but adversely affect those with protected status |
Invalid appraisal practices or absence of safeguards can operate to exclude qualified protected class members from employment opportunities more often than non-members |
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Title VII of the Civil Rights Act of 1964 (Title VII) |
Outlaws discrimination based on race, color, sex, religion, or national origin |
Provides protection against use of appraisal procedures and results to perpetrate discrimination |
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State Fair Employment Practices Acts |
Provides protection similar to Title VII; varies by state |
Similar to above |
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Equal Pay Act of 1963 |
Prohibits gender-based differences in pay for equal work, subject to limited exceptions |
Appraisal results can be used to invoke and justify exceptions (e.g., merit- based pay distinctions) |
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Civil Rights Act of 1991 (CRA 1991) |
Allows jury trials, compensatory and punitive damages in discrimination cases; alters burden of proof and other technical aspects of some cases |
Reduces plaintiff’s burden of proving that particular practice of employer (e.g. performance appraisals) caused discrimination if practices are incapable of separation for analysis |
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Age Discrimination in Employment Act (ADEA) |
Prohibits employment discrimination based on age of 40 or over |
Provides protection against use of appraisal procedures and results to perpetrate age-based discrimination |
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Americans with Disabilities Act (ADA) |
Prohibits employment discrimination based on disability |
Limits appraisal criteria to essential job functions and requires reasonable accommodation as to how performance is appraised |
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Rehabilitation Act of 1973 |
Similar to ADA; applies to federal contractors |
Similar to above |
From Current Legal Issues in Performance Appraisal Stanley B. Malos, J.D., Ph.D. https://www.cob.sjsu.edu/facstaff/malos_s/bookchap.htm