Although there always seems to be a new opinion out there on how or whether to implement the annual performance review, it’s hard to imagine the modern workplace without some sort of performance evaluation system. The way in which human resources teams structure, supervise and implement performance reviews can often impact the risks of employment litigation—for good and bad. This article highlights the legal risks associated with poorly administered performance reviews, identify how such evidence can be used as a sword by employees in litigation, and identify practical steps employers can take to reduce those risks.

Is there evidence of discrimination lurking in your company’s performance reviews?