I. OVERVIEW:
This case provides students with the opportunity to discuss the legal aspects of performance
appraisal. Performance appraisals continue to figure in cases involving personnel actions like promotion,
termination, and layoBs. As more and more organizations make use of performance management
systems, it is imperative that such systems can withstand legal challenges. A review of performance
appraisal legal cases (see Martin, Bartol and Kehoe (2000) indicate that most cases focus on
discrimination issues related to Title VII, the Age Discrimination in Employment Act, The Equal Pay Act
and other related laws. The present case is based on an actual case (Collins v. James River Paper
Company, 1993). The case illustrates the importance of seMng clear performance standards, feedback to
employees, documentation of an employee’s performance (especially when it is deteriorating) and clear
plans for performance improvement.
II. OBJECTIVES:
1. To familiarize students with the requirements of a defensible performance
management system.
2. To illustrate management responsibilities for performance management.
III. DISCUSSION:
Performance management continues to be one of the major challenges faced by
organizations. Some have described it as the Achilles’ heel of modern human resource management.
While there are a variety of methods that can be utilized, it is important that each organization develop a
system that would be defensible in the face of discrimination allegations. If such a system is designed
and managers are appropriately trained in using the system, legal challenges will not prevail. But the
protection against discrimination charges should not be the end goal of performance management. The
goal of such systems must is to link individual employee performance to organizational goals and
strategies. This is often easier said than done. Managers are often reluctant to provide candid feedback
to employees and there is not always a clear relationship between annual merit increases and
performance ratings. The present case illustrates the legal issues as well as the process challenges of
geMng performance management correct.
IV. QUESTIONS:
1. Evaluate Mills management of Carpenter’s performance. What are the strengths
and weaknesses of their approach to performance appraisal (i.e. management by
objectives)?
It would seem that Mills had followed a textbook approach to managing Carpenter’s
performance. Objectives were set for his performance upon his employment with the company. He