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Performance Appraisals: New York

Performance Appraisals requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Christine Zebrowski, Overbrook Law LLC


  • New York employee rights laws tend to be much broader than federal antidiscrimination requirements. Just as the nondiscrimination requirements of Title VII of the Civil Rights Act apply to performance appraisals, so do the nondiscrimination requirements of New York law. See The New York State Human Rights Law.
  • New York prohibits retaliation against employers who engage in protected whistleblowing activity. See Protection from Retaliation for Whistleblowers.
  • A New York employer may not discharge or discriminate against an employee for displaying an American flag on his or her person or workstation. See No Discrimination for Displaying an American Flag.
  • New York courts recognize the claim of negligent retention of employees. See Negligent Retention.
  • New York courts recognize a discriminatory failure to promote claim. See Failure to Promote.
  • Defamation is the injury to one's reputation either by written expression, which is libel, or by oral expression, which is slander. It is unclear whether a performance appraisal would be deemed defamatory in New York. See Defamation.
  • New York City has requirements pertaining to retention of grocery workers. See Local Requirements.