Answer to Question 1
In order for an employee to make a claim of disparate treatment, he or she must know the law and be able to show that it occurred.
Disparate treatment is also known as illegal discrimination and occurs when an employee is intentionally treated differently because of gender, race, ethnicity, national origin, age, disability status, or other status protected under the law.
An employee must show that:
- He/she is a member of a protected class.
- He/she suffered an adverse employment decision as a result of a performance evaluation.
- He/she should not have suffered the adverse employment decision because his/her performance warranted a positive decision.
- The employment benefit (promotion, reward, etc.) was either not given to anyone, or was given to someone who is not a member of the same protected class as the employee making the complaint.
Answer to Question 2
Rater training programs should cover:
Informationhow the system works
- Reasons for implementing the performance management system
- Information on the appraisal form and system mechanics
Motivationwhat's in it for me?
- Benefits of providing accurate ratings
- Tools for providing accurate ratings
Identifying, observing, recording, and evaluating performance
- How to identify and rank job activities
- How to observe, record, and measure performance
- How to minimize rating errors
How to interact with employees when they receive performance information
- How to conduct an appraisal interview
- How to train, counsel, and coach
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Example of an employee performance evaluation form.
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