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Performance Appraisals: Ohio

Performance Appraisals requirements for other states

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

Authors: Stanley Weiner, E. Michael Rossman, Elizabeth Dicus and Theresa Dean, Jones Day


  • Like federal law, Ohio prohibits employment discrimination and retaliation based on membership in a protected class, use of protected leaves or filing of whistleblower complaints. See Protected Classes and Retaliation.
  • With respect to performance appraisals, employees may file claims based on defamation and intentional infliction of emotional distress. However, employers have a number of defenses to these claims. See Employer Liability.
  • Generally, Ohio employers have a qualified privilege that protects statements made during performance appraisals. See Employer Liability.
  • Ohio recognizes causes of action for negligent hiring and negligent retention. Employers may be liable for failure to fire or train incompetent employees. See Negligent Hiring or Negligent Retention.