Performance appraisal: the legal implications of Title VII

Since the enactment of the Civil Rights Act of 1964 and specifically Title VII of the Act, the federal government has increasingly involved itself with personnel policies and practices of employers in both the public and the private sector. While Title VII was initially directed toward discriminatory employee selection practices, the development of case law in this area suggests that the courts are now interpreting the Act much more broadly. In light of this, human resources managers would be wise to reevaluate the adequacy of existing performance appraisal systems to make them defensible against charges of discriminatory employment practices. After examining significant cases brought before the courts involving performance appraisal systems, authors Gary L. Lubben, Duane E. Thompson, and Charles R. Klasson draw conclusions as to what would constitute a defensible appraisal system. Chief among these is to make the overall appraisal process as formal, standard, and objective as possible and to consider subjective supervisory ratings as only one component of the overall evaluation process.