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  1. #1
    Join Date
    Jan 2012
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    3

    Default Forced Rating on Performance Reviews

    My question involves labor and employment law for the state of: NY/NJ

    I work for a large corporate and they are introducing a rating system that rates the employees 1 through 5, 1 being the best and 5 being worst. The problem is that the HR seems to have a 'quota'. They are forcing the supervisors to rate atleast one person in their group to a 5. Is this practice legal?

  2. #2
    Join Date
    Dec 2009
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    2,980

    Default Re: Forced Rating on Performance Reviews

    It's not only legal, it's extremely common. It's sometimes known as applying a bell curve to the ratings. It's done a lot in achools too, i.e., students grades are bell curved.

    And it's not evil HR that's doing this. HR does not have the authority to make these kinds of decisions. Only senior management can make this type of decision. HR is communicating this senior management decision to supervisors at the behest of senior management. If HR refused to do this, HR would get fired.

  3. #3
    Join Date
    Jan 2012
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    3

    Default Re: Forced Rating on Performance Reviews

    Thanks for the clarification. I was getting a good rating for the last few years. Even this year my initial rating was a good one. But when it goes to peer review it gets downgraded by two levels. I don't think it is fair to me that this works this way. But is there a way to legally contest this decision based on my prior year reviews?

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,219

    Default Re: Forced Rating on Performance Reviews

    Since there are no laws whatsoever governing performance reviews, no, there isn't.

  5. #5
    Join Date
    Dec 2009
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    Default Re: Forced Rating on Performance Reviews

    No. There are no laws anywhere in the US that govern the use/misuse of employee performance appraisals. The only recourse you might have is if you can prove illegal discrimination, i.e., that your rating is being downgraded specifically because of your race, gender, age (only if you're over 40), religion, and/or disability. If the downgrading is for any reason other than these, then it's not illegal discrimination and you therefore have no legal recourse.

  6. #6
    Join Date
    Sep 2011
    Posts
    437

    Default Re: Forced Rating on Performance Reviews

    The problem is that the HR seems to have a 'quota'. They are forcing the supervisors to rate atleast one person in their group to a 5. Is this practice legal?

    Yes. Stupid but legal. Forced "bell curve" evaluation quotas were fairly popular back in the 70's. Sorry to hear your employer is reviving it.

  7. #7
    Join Date
    Jan 2012
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    3

    Default Re: Forced Rating on Performance Reviews

    I am over 40 but I dont believe I have a case for discrimination based on my age. Now i clearly understand my options. Life isn't always fair. I am sure my time will come. Thank you for the responses.

  8. #8
    Join Date
    Sep 2011
    Posts
    437

    Default Re: Forced Rating on Performance Reviews

    Since your age clearly has nothing to do with their current approach towards their evaulation system, that is correct. Now if down the road you get graded a 5 because of your age, that's a different story.

  9. #9
    Join Date
    Feb 2010
    Location
    CT & IL
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    5,273

    Default Re: Forced Rating on Performance Reviews

    "Well someone has to get the shaft!".. Bill McNeal

  10. #10
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Forced Rating on Performance Reviews

    If you have employees. One is going to be the worst employee. You need to improve, to get out from under the label.

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