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applied they can help protect an employer from legal

claims, but if the systems are applied inconsistently, they

might have little effect on the employer’s exposure and in

some cases can even do harm.

Two examples illustrate this point:

 An employee with a medical disability was fired.

The company had a robust performance evaluation

system, based on both objective criteria and

subjective evaluation comments, which

documented a prolonged period of dissatisfaction

with the employee’s performance. Though she was

in a protected class (disability), the court found

there was no evidence of discrimination, so the

company had no liability.

 A female sales representative was fired for not

meeting specific sales goals on a performance

10| Rules of the Road