Performance Appraisals: Oregon
Federal law and guidance on this subject should be reviewed together with this section.
Author: Nancy Cooper, Garvey Schubert Barer
- Adverse employment actions based on protected classes could undo a neutral performance review. Employers should ensure that performance appraisals are fact-based, use neutral performance criteria and are related to the job, in order to minimize liability with respect to discrimination claims. See Protected Classes.
- Employee defamation claims under Oregon law are not likely to succeed unless the performance appraisal is shared by the employer with unauthorized persons. See Defamation Claims.
- Protected leaves, accommodations and protected activities can make performance appraisals challenging for employers. Oregon employers may be subject to state laws providing additional employee protections, even though the federal laws do not apply. See Protected Leaves, Accommodations and Retaliation Protections.
- Oregon whistleblower laws protect employees from adverse employment actions, including poor performance reviews, if an employee report of wrongdoing provides the basis for the adverse action. See Protected Leaves, Accommodations and Retaliation Protections.
- Oregon courts recognize negligent retention claims. See Negligent Retention Claims.