Legal Issues of Performance Management

A performance management system will help managers regularly review performance and identify problems early on. In most cases action can be agreed between the manager and employee to remedy any problems at the earliest opportunity. Performance issues can be varied and should not be confused with conduct issues.

Performance management system makes a clear link between the performance and compensation, and allows the employees to understand the areas which need to be improved and directs them to appropriate training opportunities to enable improvement in performance to take place. Joseph Martocchio says, “Work with line managers to design the performance appraisal plan which best fits the specific duties and responsibilities of particular roles” (Martocchio, 2011). Compensation and reward decisions are likely to be arbitrary in the absence of a good performance management system. In short, performance management is a key component of talent management in organizations. It allows assessing the current talent and making predictions

Over the last several decades, workplace issues have become an area of controversy for most employers. This is because the regulations surrounding what practices are considered to be discriminatory have increased dramatically. To enforce these issues, the Equal Opportunity Employment Commission (EEOC) is playing a central role in making employers follow these provisions of the law. A recent example of this occurred, with the case EEOC v. HCS Medical Staffing Inc.

Managers and supervisors need to have resources available for review when conducting a performance appraisal, along with training on the specific rating system. Concept: Elements of Effective Performance Feedback Interviews Mastery 100% Questions 10 11 12 10. Prior to the performance-feedback interview, the supervisor should A. communicate frequently with subordinates about their performance

The Equal Employment Opportunity Commission (EEOC) may take action when an investigation shows that there has been a violation in a person’s civil rights just because of his or her attributes.

Equal Employment Opportunity Commission (EEOC) enforces the federal laws that make it illegal to discriminate against a job applicant or employee. An employer cannot discriminate due to a person’s color, religion, race, gender identity, sexual orientation, pregnancy, national origin, age (40 years or older), genetic information or disability. This applies to wages, harassment, training, benefits, hiring, and firing. EEOC’s role in any investigation of discrimination is to accurately and fairly take in the information of the charge and then make a finding. If the EEOC found that there was indeed a discriminating case then they will try to settle it. If the employer does not settle then the EEOC may file a lawsuit. (Overview.

The old Performance Management system was ineffective and did not lead to a fair incentive or salary raise for the employees of the company. Employees who worked hard and did well for the company received the same rating as low performing employees. There was frustration among the scientists for getting the

Discrimination in the workplace is typified by failure to treat individuals equally due to biases against various group membership (Triana, Jayasinghe, & Pieper, 2015). The United States enacted the Civil Rights Act of 1964, known as Title VII, to outlaw workplace discrimination of individuals with respect to compensation, terms, conditions of employment, or privileges of employment because of race, color, sex, religion, or national origin. Following Title VII, the Equal Employment Opportunity Commission (EEOC) was established to enforce Title VII protocols in the public and private sector (Crumpacker & Crumpacker, 2007). Proceeding 1964, several addendums were legislated to include protection against discrimination for individuals with respect to: sexual orientation, age, disability, pregnancy, and genetic information (Brooks, Doughtery, & Price, 2015). The engagement of any employer in discrimination against members of any previously listed affiliations is not only deemed unethical, but is also considered unlawful in the United States.

Procedural justice is determined on the basis of the quality of what is being communicated an employee. In other words, procedural justice is based on the extent to which an employee feels whether his employer communicated crucial decisions in a sensitive and ethical manner (Harvey & Haines III, 2005). In other words, how a decision is made and communicated is what counts most (Harvey & Haines III, 2005). Unfortunately, Reed’s behavior implied that he regarded Fred as someone worthy of respect. This was further attested when Reed felt that it was not important to let Fred know the dates when he saw Fred’s company car parked in his driveway during work hours. Moreover, the new performance evaluation system implemented by Reed showed that Fred was doing “very good”. However, Reed decided to focus more on the least desirable component of Fred’s evaluation and give Fred and overall “good”. The results of the evaluation were humiliating for Fred as it was his lowest ever rating and was certainly lower than all other new hires who were at least 20 years younger to him. The assigned case study does not tell us how exactly Reed communicated his evaluations of Fred’s performance to Fred, but it does tell us that he evaluated Fred the very same way the second time. This time he sent Fred a memo letting him know that he was capable of doing better. The procedures involved in decision-making and the method of communication used affect employee behavior at

In a perfect world, people would be equal in rights, opportunities, and responsibilities, despite their race or gender. In the world we live in, however, we always face all kinds of neglect based on different attributes. All over the United States, certain people treat others with prejudice because of particular features they possess. Unfortunately, prejudice and discrimination occur even in places which, by definition, should be free of all personal prejudices – specifically, in offices and other business surroundings. This tragedy is called workplace discrimination; not every unfair behavior at work, however, can be assessed as discrimination. Discrimination in the workplace happens when an employee experiences unfair treatment due to their race, gender, age, religion, marital status, national origin, disability or veteran status, or other characteristics. Discrimination is one of the largest issues people face in the workplace and it must be dealt with. The U.S. have laws and regulations on discrimination but it still often occurs. Workplace discrimination appears in hiring, training, promotion, firing, and other institutional or interpersonal treatment. Discrimination sometimes causes an employee to leave or quit the workplace, resign from a position, or in more severe cases, to commit suicide or act violently against the discriminators. Discrimination is one of the largest issues many people face in the workplace.

The Civil Rights act of 1964 along with Title VII gives employees the option to sue business owners based on color, race, sexual orientation, and religion. This act, rules on the fact, that individuals can take action if a discrimination or harassment issues happens at the employer’s workplace. It expands Civil Rights statues to provide more protection against people who are victimized due to discrimination. It sets the guidelines for job related issues due to disparate impact or treatment issues. However, this act does not assure that everyone who faces discrimination will be employed because frankly he is a minority. If it is felt that there is a possibility of

The EEOC laws, or Equal Employment Opportunity Commission, are federal laws that enforce employers to not discriminate against applicants of any background. Discrimination by types such as age, disability, equal pay/compensation, genetic information, harassment, national origin, pregnancy, race/color, religion, retaliation, sex, and sexual harassment are all protected under the EEOC laws. It is also illegal for an employer to “discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.” (EEOC , n.d.) The EEOC laws are to help serve justice and to create an equal work environment for people of any kind. The EEOC wants to accomplish the goal of having every applicant to feel at home without being discriminated against. These laws not only affect an employer hiring an applicant however; it affects them in firing, promoting, harassing, training, wages, and benefits. The EEOC’s role is to help find out if any applicant is being discriminated against and to help

As stated by Peter F. Drucker, “Management is about human beings. Its task is to make people capable of joint performance, to make their strengths effective and their weaknesses irrelevant.” Performance management is essential to achieving an organization 's mission statement and business goals, and also in attracting, retaining, and motivating qualified employees. There are many benefits and reasons why an organization should execute a performance management system. Performance appraisals establish the basis for qualifying, recognizing, and rewarding employee contributions. In this paper, I will discuss what performance management is, the problems with the current performance management system at my organization, how other organizations have succeeded in their performance management system and how I would advise management at my current organization to improve our performance management system.

While equal rights and equal pay legislation made it illegal to discriminate “based on race, color, religion, sex or national origin“ (U.S. Equal Employment Opportunity Commission, 2011b, p. 1), the number of workplace discrimination cases continue to rise and is costing employers more than $319 million in 2010, not counting litigation (U.S. Equal Employment Opportunity Commission, 2011a). Many employers have extensive human resource organizations with a sophisticated grasp on the implications of equal rights legislation on employers, that employ professionals, like I/O psychologists and attorneys, to establish fair policies and employment practices, and decrease an employer’s risk of litigation (Aamodt, 2010). In fact, employers often perform statistical analysis of employment practices to understand whether the practice could have an adverse impact against members of a protected class. For example, testing is a practice employers use for employee selection in the hiring process; even when an employment test is determined to be reliable, valid, and cost-efficient, care is taken to assure testing predicts performance equally well for all applications (Aamodt, 2010). Because governments and corporations have a fiduciary duty to citizens and shareholders, employers should continue to care about the issue of adverse impact, but more importantly, both government and corporations have a civil responsibility to treat the members of society fairly, because societal

To conclude, we can say that the Performance Management System does not include fairness in what regards to performance. One can see that there is a lot of variation in employees’ performance but those differences are not being pointed and consequently there are no consequences in the compensation package of low,