July 14, 2025
Documentation Saves the Day!
It’s HR’s song: document, document, document. And here’s why. A former employee claims she was fired because she is a woman. Her employer said it was because after just one year of service “she compared unfavorably to peers in the company’s annual employee assessment process.” The employee lost twice. The lower court granted the employer summary judgment because the employee, “failed to provide sufficient evidence for her claim…[her] contention that she was treated less favorably based on sex is ‘mere speculation.’” The 7th U.S. Circuit Court of Appeals agreed. Why?
The employer conducts an annual 360 appraisal process. The plaintiff’s peers in this process were two men and one woman. The other woman and both men received a “B” rating. The plaintiff received a rating of “D.” The plaintiff was initially ranked a “B”, then a “C”, then a “D.” Why the changes? The employer has a required distribution for rankings. One or more employees in a peer group must be ranked in the D category.
While I might not be a fan of that process, the court reminds us that arbitrary decisions are not unlawful without more. The court points out that the plaintiff, “does not cite any evidence to show that her performance was comparable to that of the employees in her assessment group.” My favorite comment in this case is, “[T]he court ‘is not a super personnel department that second-guesses employers’ business judgments.’” The 7th Circuit concludes, “We agree with the district court that no reasonable jury could find that [the employer] subjected [the plaintiff] to sex discrimination.”
HR pros and business owners – share this story with your managers. I have not found a manager who LOVES to do performance reviews. But as my dad used to tell me, “A job worth doing is worth doing well.” Said another way he also said, “Do it right, or don’t do it at all.” If you have a policy that indicates the company conducts performance reviews, do them. Do them timely and well. If you are candid, clear, and concise they can save the day.
