EXPLAINING U.S. COURTS OF APPEALS DECISIONS INVOLVING PERFORMANCE APPRAISAL: ACCURACY, FAIRNESS, AND VALIDATION

Accuracy and due process perspectives were used to extend policy-capturing research concerning employment discrimination case law. Two-hundred ninety-five usable U.S. Circuit Court decisions concerning performance appraisal were located from 1980–1995. In both chi-square and multivariate LOGIT analyses, decisions were explained by: use of job analysis, provision of written instructions, employee review of results, and agreement among raters. Contrary to hypotheses, appraisal frequency and type (traits vs. behaviors or results) were unrelated to judicial decision. Rater training approached significance in chi-square analysis. Of other variables checked (e.g., type of discrimination claim, statutory basis, class action status, year of decision, circuit court, type of organization, purpose of appraisal, evaluator race and sex), only circuit court approached significance. We conclude that issues relevant to fairness and due process were most salient to judicial decisions; issues pertaining to accuracy were important, yet validation was virtually ignored in this sample of cases.