Competency-Based Performance Reviews

Appendix FSelected U.S. Laws Relating to Performance Appraisals¹

Legal Principle	Explanation
Fair Labor Standards Act	Requires employers to pay overtime to nonexempt employees. Fact that employee conducts appraisals may influence determination of exempt status.
Family and Medical Leave Act	Requires employers to reinstate employees to similar position when they return from leave. If employees are given new or tougher appraisal procedures when they return, it may suggest they have not been given a similar position.
Title VII of the Civil Rights Act of 1964	Prohibits discrimination based on race, color, sex, religion, or national origin. Protects employees against the use of appraisal results or procedures to discriminate.
Equal Pay Act ...