Legal Ease TAKE A GOOD LOOK AT ME NOW–


Conducting Legal, Meaningful Employee Evaluations


By Richard D. Alaniz Unfortunately, job evaluations tend


to be a painful experience at many com- panies. It is often hard to say who enjoys it less—those who are evaluated or those who have to conduct the evaluations. Nonetheless, companies that allow


managers and supervisors to rush through the evaluation process or fail to follow proper protocol expose themselves to le- gal problems. They also miss the oppor- tunity to offer valuable feedback and help workers set goals, identify areas that need improvement, and determine whether employees deserve bonuses, raises, or promotions. In reality, job evaluations are rarely


done in an ideal environment. A thorough job evaluation takes a lot of time. It can also be an emotional process, since it’s not always easy for managers and em- ployees alike to remain calm and objec- tive throughout a process that is funda- mentally a critical one. When employees are merely adequate or excel in one area but are floundering in others, it can also be difficult for evaluators to find a fair middle ground. While it may be difficult to do job


evaluations well, mismanaged job re- views can lead directly to lawsuits. As we approach the end of the calendar year, the season of most job evaluations, organiza- tions need to take the process seriously, plan ahead, and make sure everyone in- volved knows what is expected of them.


When Evaluations


Become Evidence There are many ways that poorly


conceived or executed evaluations can come back to haunt employers.


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Defamation Negative job evaluations have been


the basis of defamation lawsuits. Em- ployers need to provide guidelines to its supervisors who conduct job evaluations, setting out the proper language to be used and educating them on the proper use of opinion and facts.


Discrimination Employers with evaluation process-


es that do not comply with all federal and state anti-discrimination laws, including Title VII of the Civil Rights Act, the Age Discrimination in Employment Act and the Americans with Disabilities Act, may find themselves the subject of a regula- tory investigation or in the midst of a le- gal battle.


Compensation According to the U.S. Equal Em-


ployment Opportunity Commission, compensation discrimination, which is perpetuated through job evaluations, is an ongoing problem in the workplace. As a hypothetical example,


the EEOC describes an employer who has developed a job evaluation study


Richard D. Alaniz is senior part-


ner at Alaniz and Schraeder, a nation- al labor and employment firm based in Houston. He has been at the fore- front of labor and employment law for over thirty years, including stints with the U.S. Department of Labor and the National Labor Relations Board. Rick is a prolific writer on labor and em- ployment law and conducts frequent seminars to client companies and trade associations across the country. Questions about this article can be addressed to Rick at (281) 833-2200 or ralaniz@alaniz-schraeder.com.


that includes compensation guidelines. If Hispanics have most of the jobs in a certain pay grade, while similar jobs held by mostly non-Hispanics pay more, that disparity could constitute compensation discrimination.


Privacy Employees can also claim a breach


of privacy if job evaluations are made public or if managers discuss confidential information around other employees.


Making It Count Employers should take several steps


to ensure that their evaluation processes cannot be used against them in a lawsuit. And beyond that, companies should think carefully about how to develop an effec- tive evaluation process, allowing em- ployees to come away with meaningful feedback and well developed goals. While it is tempting to download a


template off the internet, evaluation forms and procedures should be customized, at least enough to take into account the spe- cifics of the industry and organization’s size. Goals and expectations must also be realistic for each company’s workforce. Additionally, companies should con-


sider the state and local discrimination laws where they operate. Legal counsel and the human resources department should periodically review the evaluation forms and procedures to ensure that these are in compliance with all relevant laws and regulations and do not leave a com- pany vulnerable to a lawsuit. Most organizations conduct job eval-


uations quarterly or annually. These eval- uations should be conducted according to a well publicized timetable, so everyone knows when they will occur. The process should be as transpar-


ent as possible. Managers and employees should understand who will conduct the


January 2011


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