| | |  Managing Performance
Managers must treat everyone fairly. This section deals with some of the issues that make being fair more difficult than it might seem. The EEO principles of consistency, objectivity, and job-relatedness have much to do with what most people think of as fairness. These principles are interrelated. In other words, you can't use job-related criteria in an inconsistent fashion. Nor can you be objective with some employees and highly subjective with others.
This is Part Three. If you want a primer on EEO laws in the United States, read Part One and/orPart Two first.
1. Consistency
Consistency does not mean that a manager should treat everyone exactly the same. Different people have different abilities, strengths, weaknesses, and life experiences. However, dealing with people in substantially different ways can lead to perceptions of unfairness, playing favorites, and treating some more favorably than others.
Within minimum guidelines, employees need to be treated fairly and consistently.
• Discuss performance expectations and measurements with each and every employee.
• Communicate changes in requirements to everyone.
• Make decisions and resolve differences in a consistent manner.
2. Orientation
New employees need the basic information about the organization and how it functions. Orientation sets the tone for the employer-employee relationship. Poor orientation is responsible for many EEO and other management problems.
• Inform them about benefits, time, and leave policies, vacations and other information that may affect their employment.
• Communicate what is expected of them in terms of dress, punctuality, and productivity.
• Inform them of the informal communication networks.
• Introduce them to co-workers and have someone available to answer questions.
• Implement a buddy system. It should include introductions to other employees, shared lunches, and shared information.
3. New Employee Probation
• Clearly explain the probation period to the new employee.
• Provide accurate and frequent feedback about performance.
• Establish an atmosphere in which questions can be asked.
4. Promotions
• Follow the process for hiring new employees.
• Apply job-related, objective criteria consistently to all promotion decisions.
• Offer development opportunities, coaching and counseling, regular feedback, and visibility to all employees.
5. Performance Counseling
• Provide objective, job-related, performance feedback to all employees and document the discussions.
• When disciplining or terminating women, people of color, persons with disabilities, or older employees, show that others have been disciplined and terminated for the same or similar reasons.
• Focus on behaviors versus the employee's personality or characteristics.
• Make sure the employee clearly understands the problem.
• Listen carefully to what the employee says and be sensitive to any ways you may have shown bias toward him/her.
• Help the person maintain self-esteem.
• React objectively, not emotionally.
• Realize there may be factors outside the workplace affecting the person's difficulty in meeting performance standards.
People need feedback, good and bad, in order to do their best on the job. That is part of your responsibility as a manager. If you don't tell someone how they are doing, they can't improve. They may not even know anything is wrong. Additionally, failure to tell a person about performance issues can deny them due process by not giving them a chance to improve their performance.
6. Documentation
For employers defending discrimination charges, too little documentation, over-documentation, or documentation based on subjective comments creates increasing problems. Investigative agencies may seek personnel records as well as other records pertaining to any alleged reasons for poor performance.
• Document performance discussions, formal training, development opportunities, and appointment to task force or other special assignments.
• Make these documents part of the employee's personnel file or in some cases, the manager's file.
You will rely on the information that you documented when you make decisions in the future, and, if your decision is ever challenged, you will rely on your documentation to demonstrate the lawfulness of your decision.
7. Communication and Disparate Treatment
• Communicate in a similar fashion with all employees.
• Challenge your communications with employees. Are you showing favoritism?
The Tough Management Decisions
1. Discipline and Discharge
There are times when a person's work does not meet minimum standards or the person commits an infraction and faces disciplinary action or discharge. From an EEO point of view, it is important to:
• Know your company's rules and procedures for termination.
• Have an easily understandable reason for the discharge. It should reflect company rules, policies, and practices.
• Tell the person what the problems are as clearly as possible.
• Provide that person with an opportunity to improve (unless the infraction is extremely severe).
• Hold everyone to the same standard.
• Make sure you have been consistent with all employees, providing each with due process. Do not suspend one person for an infraction and only give another person a verbal warning for the same infraction.
2. Plan Documentation of Performance Problems
The earlier a performance problem is addressed, the greater the likelihood that it will be resolved. While every discussion you have with an employee need not be documented, it's important to document discussions about performance problems. Documentation should:
• Note the problem being pinpointed.
• Include the agreed-upon action.
• Schedule time/date for a follow-up meeting.
• Follow up at the agreed-upon time, note in the file that the identified problem has been corrected, or document further action that is planned.
• Retain all documents.
3. Plan Termination
EEO and affirmative action have extended many rights to all employees. Employees who have been terminated without due process have been able to file wrongful discharge claims that have been upheld in the courts. Most organizations have policies regarding discipline and termination. These policies may include a contract between employees and their employers made upon termination.
Proceed to Part Four.
Notice
Federal and state Equal Employment laws as well as the court decisions that interpret them represent a vast and quickly changing body of law. Staying on top of recent developments in connection with EEO laws represents a daunting task. The purpose of this document is to briefly summarize EEO laws and to provide employees with a brief and general overview of how these laws may apply at work.
While this information is factual, it does not constitute legal advice. In particular, the information is not to be taken as warranty or representations for which ProGroup assumes legal responsibility. Legal counsel or other professional help should be sought for advice and guidance in specific situations.
Compliance with any applicable federal, state or municipal laws, rules, regulations or standards is an individual responsibility of management. Any use of the information contained in this Guide must be determined by managers to be in accord with your organization's policies and with applicable federal, state and local laws. The use of this Guide cannot assure complete compliance with any applicable standard, law, or regulation.
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