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Competency-Based Performance Reviews by Robin Kessler

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Chapter 9Understand the Legal Issues With Performance Appraisal

Laws alone cannot secure freedom of expression; in order that every man present his views without penalty there must be spirit of tolerance in the entire population.

—Albert Einstein

Here’s some information that surprised me: Almost 70 percent of the population in the United States can claim membership in at least one protected category under antidiscrimination laws.1 Whether it is because of our age, sex, race, religion, national origin, disability, or veteran status, more of us are in protected categories than are not. If you go back and look at the chart on page 92, you will see that 48 percent of the U.S. workforce were Veterans and Baby Boomers in 2006, and the first few years ...

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