The end of the year is here, and with it comes your end of year performance appraisal. In theory, this is an opportunity for you to obtain constructive feedback and learn ways to improve your performance in the year to come. Yet, performance appraisals aren’t all that objective, and when subjectivity bleeds into them there’s plenty of room for discrimination and unfair treatment. This is important given that your salary and career trajectory can be significantly shaped by your performance ratings.
Therefore, as you pour over your end of year performance appraisal, pay close attention to where and how you’re being criticized. Let’s look at some red flags that you should be particularly aware of moving forward.
Signs of workplace discrimination that can be found in a performance appraisal
You might think that your appraisal simply is what it is and that there’s nothing you can do about it. But if you’re unfairly discriminated against in your performance appraisal, and that workplace discrimination causes you harm, then you might be justified in taking legal action. Here are some signs in your appraisal that you’ve been discriminated against:
- You were penalized for engaging in a protected activity: Under the law, in most instances you have the right to take time off work to receive medical treatment and to observe religious holidays. But if your performance appraisal indicates that you take too much time off and your rating is downgraded because of that, then your employer has treated you unfairly. This could be actionable if your performance appraisal leads to an adverse employment action being taken against you.
- The standards applied in your appraisal are vague: In an ideal world, your performance would be based on objective, measurable data. But in the real world, that oftentimes simply isn’t possible. Your employer still needs to make efforts to evaluate your and your co-workers’ performance similarly. If, when reading through your appraisal, you feel like your employer is judging you based on your personal characteristics, such as your physical appearance, personality traits, age, gender, race or religion, then you’ve likely been subjected to workplace discrimination.
- Key accomplishments are overlooked: Your performance appraisal should give credit where credit is due. If your employer fails to mention major achievements, then you should investigate the matter further. While neglecting to identify these accomplishments isn’t direct evidence of discrimination, you may later discover that the motivation behind their exclusion was discriminatory in nature. That’s why you need to delve deeper to fully investigate the matter.
What should you do if you suspect that you’ve been subjected to workplace discrimination?
Workplace discrimination can wreak havoc on your career and your financial stability. That’s why if you suspect that you’ve been discriminated against, then you need to consider taking legal action. A poorly written performance appraisal may not be enough to fully support your claim, but it can go a long way to buttress a workplace discrimination case if you have other evidence demonstrative of workplace discrimination.
Therefore, if you think that workplace discrimination is in play in your situation, now is the time to start gathering evidence to support your legal arguments. Talk to your co-workers to see what they observed, gather and retain written communications with the discriminating individual and your employer, and be sure to track any losses that you’ve experienced. By being diligent and informed on the law, you’ll hopefully be able to develop a legal strategy that positions you for the outcome that you want.