Verified Document

Performance Management Article Critique

Performance Management The objective of this study is to critique and article concerning a court case or lawsuit related to discrimination or unjust dismissal by a performance management system.

Case Description

It is reported in the work of Barrett and Kernan (1987) that in "Nord v. U.S. Steel (1985) the plaintiff successfully demonstrated that she had a record of good performance appraisals before she requested a promotion. After this request her appraisals became negative, which led to her eventual termination. The court reasoned that the downgraded evaluations after her promotion request were evidence of discrimination. Employers in the remaining 37 cases successfully defended their termination decisions." (p. 6) The court emphasized the necessity of "applying performance appraisal standards equally to all employees

Purpose of Performance Management

Miller (2015) writes "A performance appraisal itself may become the target of a lawsuit. Indeed, no evaluation system is completely immune to the risk of litigation. Even a well-designed system can subject an employer to various liabilities if it is poorly implemented or applied in an inconsistent manner. If they are well written and consistent, appraisals can support disciplinary or termination decisions. However, if poorly implemented they can support the plaintiff's position." (p. 1)

III. Analysis of Criteria and Methods Used for...

Although the professional literature recommends rating instruments that are tied to specific job behaviors (i.e. BARS), the courts routinely accept less sophisticated approaches such as simple graphic rating scales and trait ratings. Regardless of method, written definitive standards should be provided to all raters"; (3) Training of supervisors for proper use of the instrument for rating; (4) Train supervisors to use the rating instrument properly; (5) There should be in place "formal appeal mechanisms and review of ratings by upper-level personnel"; and (6) Evaluations should be documented by the organization in addition to documentation of reasons for termination. (Barrett and Kerman, 1987, p. 11)
IV. Legal and Ethical Issues

The legal and ethical issues are clear for the employer as failure to set in place a solidified performance measurement system that is fair and properly implemented may result in large financial losses for the organization.

References

Barrett, GV and Kernan, MC (1987) Performance Appraisal and Terminations: A Review of Court Decisions Since…

Sources used in this document:
References

Barrett, GV and Kernan, MC (1987) Performance Appraisal and Terminations: A Review of Court Decisions Since Brito v. Zia with Implications for Personnel Practices. Personnel Psychology, 1987, 40. Retrieved from: http://www.criticall911.com/documents/pa-apco2011/barrett-kernan-1987.pdf

Miller, C. (2015) Performance Appraisals in Legal Contexts. Retrieved from: https://cindymiller.wordpress.com/2008/07/08/performance-appraisals-in-a-legal-contents/
Cite this Document:
Copy Bibliography Citation

Related Documents

Performance Management System Executive Report on Return
Words: 1349 Length: 4 Document Type: Essay

Performance Management System Executive Report on Return on Investment Return on Investment (ROI) is among the outstanding accepted performance measurement as well as evaluation metrics employed in business analysis. When undertaken rightfully, ROI analysis has proved to be the most influential instrument for evaluating on hand information systems as well as coming up with well-versed pronouncements on software acquisitions as well as supplementary projects. A number of years ago, Return on Investment

Performance Management I Question 1.Explain
Words: 3130 Length: 9 Document Type: Essay

The evaluation of work performance of employees is a technical process which is comprehensively, systematically and continuously carried out by the immediate superiors. The evaluation is conducted to identify attitudes, job performance and behavior of the employee during the performance of their duties and functions. The evaluation is done at all levels of the organization starting from the top to bottom. One of the most common uses of the performance

Performance Management Summary of the Publication "Performance
Words: 950 Length: 3 Document Type: Book Review

Performance Management Summary of the Publication "Performance Management: Integrating Strategy Execution, Methodologies, Risk, and Analytics" by Gary Cokins offers a form of map for helping to assess the performance of a company, while maintaining a practical discussion of all the issues which confront an individual in the planning and measuring stage of performance improvement. Cokins is also able to issue a strong message about the necessity of installing predictive metrics in a

Performance Management Plan - 1600 Words Develop
Words: 1508 Length: 5 Document Type: Essay

Performance Management Plan - 1600 words develop a performance management framework recommend client. See 2 attachments email message instructions Traci Goldeman Performance management plan for Bradley Stonefield's limousine service Even small enterprises need comprehensive performance management strategies aligned to their stated interests and goals. The organization currently under analysis is a small, Austin-based limousine service with roughly 50 employees. Limousine service companies market themselves primarily upon their ability to cater to customer needs,

Performance Management Systems
Words: 1983 Length: 5 Document Type: Essay

Performance Management Systems The Paradox of Performance Management Systems And Their Effect on Corporate Performance Performance Management Systems including annual performance reviews are only as effective as the contextual relevance and insight of a manager or leader into how to create greater alignment of personal and professional goals of an employee. The continued evolution of performance management systems provide a useful index of how management and leadership theories have progressed beyond obvious measures

Performance Management a Comparison Case Studies Practices
Words: 2360 Length: 8 Document Type: Essay

Performance Management A comparison case studies practices organisations United Kingdom. You choose specifically focus performance management (PM) high performance working (HPW). Research choose organisations high performance work (HPW) practices. Performance management is a process-centric, holistic approach to company's decision making process that is intended to improve the company's capability and to manage its performance at all levels by combining stakeholders, customers, managers, and suppliers. Many companies rely on performance management to improve

Sign Up for Unlimited Study Help

Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.

Get Started Now