Performance Review Comments

CULater

What age issues of liability, if any, could a Texas employer have if the below comment is noted under additional information on a performance review given to an employee?

"Due to (name) age (21), she should consider taking classes at the community college toward earning a degree in..."

Balloonman

So if someone is 42 would you not recommend they go to community college to work on a degree? Why is the age even put in there? Some things to think about.
My $0.02 worth.
DJ The Balloonman

Gillian

The issue is the same, no matter the state. While the notations have no direct impact on the individual who is all of 21 years old, such notations, coupled with an absense of them on the appraisals of those over 40 could be used as evidence of discrimination. You need to deal with education without reference to age.

jimlegal

There is no reason to put "age" in this situation. Another approach maybe to set goals for the employee to achieve by the next evaluation, helping the employee with personal development. Of course one of the goals could be attendance in some type of course. Just a thought...

Don D

Although this is a great example of an innocent remark that was meant to be helpful having the ability to go haywire, this is also a perfect example of a supervisor who needs a brief discussion about things not to state or put in an evaluation. In such situations, 'PERSONNEL' should always have the authority to have such comments removed from documents. That's one reason the reviews must circulate past me before they are discussed with the employee.

Dasher

I do it exactly as Don mentioned above. All evaluations are screened by HR and I look for inconsistent statements, adherence to employment laws, etc. In fact we just finished our evals for the year and one contained a goal of completing a college degree, when the job does not require that. I discussed with the supervisor and suggested we change the language to make it refer to job related goals (classes to enhance specific job tasks) and recognition of the employees personal goal (obtaining a college degree). In HR these little things are important and our value is in being able to spot them, as you did.

Theresa Gegen TX

As to the employee who is 21, Texas would not give him any claim. Only employees over age 40 can sue for age discrimination in Texas.

The other comments are right on. There is no reason to note the age of the employee in the performance review. But that one statement probably wouldn't result in any type of claim unless it was coupled with other evidence.

I'd be worried that the person who noted age in the performance review of a 21 year old might do the same thing in the performance review of a 51 year old. That type of sloppiness would be much more bothersome.

Good Luck!!

Don D

My concern would not involve the 21 year old. I would be more worried that the supervisor might put such comments on all the 'young folks' reviews and none of the 40+ year olds' reviews. That would be problematic and could suggest we are encouraging no protected employees to broaden their horizons and education. Or just as bad might be the supervisor recommending such only to the 21 year olds who wear skirts.