We all know about the importance of document creation and retention. But there are times when documentation is not a good thing. Consider the following (extreme) example:
This comment bubble is age discrimination litigation waiting to happen...
While most cases are not as extreme - and outwardly discriminatory - as the example shown here, there are hundreds of examples where a written remark in interview notes, records of conversations, performance evaluations or other documentation has created significant problems for employers. A remark on new hire paperwork that a candidate "accepted initial offer - didn't negotiate" might be interpreted as gender-biased. A comment like "needs work on oral communication" could be interpreted as race-biased.
It's important to think about the comments and notes you commit to writing. There are lots of remarks that may seem innocuous when you write them, but could be interpreted multiple ways. Common examples include statements regarding:
- adaptability and ability to learn new skills;
- "commitment" to the job or organization and "drive" to advance to higher level positions;
- potential for future advancement within the organization;
- "toughness" versus "sensitivity";
- compensation negotiation skills and knowledge of market rates for job in question;
- personality traits and characteristics not related to the job.
Also avoid comments directly referencing protected status (age, gender, race and ethnicity, disability status and medical conditions, family composition, etc.). While references to someone's medical condition is appropriate in FMLA documentation or short term disability paperwork, it's not appropriate in documentation regarding merit increases, training opportunities, and so forth.
In a perfect world, we would never have to worry about this issue. Everyone would be basing all decisions on 100% objective criteria and no thought would be given to the personal characteristics of the people being evaluated. We would read the comments of others with 100% clarity and know the exact meaning and intent behind every remark. But we don't live in a perfect world. We do let personal characteristics and preconceived notions influence our decisions, consciously and subconsciously. Semantics can be a real problem. People twist words to make them mean what they want them to mean, not necessarily how they were spoken or written.
Before committing pen to paper and writing comments on official documentation or entering your handwritten notes into an employee's permanent record, think about whether anything you're written could be interpreted more than one way. Even though you may not have meant the comment to have a discriminatory meaning, it might be read that way. If it is, that comment bubble could get you in trouble.
Stephanie R. Thomas is an economic and statistical consultant specializing in EEO issues and employment litigation risk management. Since 1999, she's been working with businesses and government agencies providing expert analysis. Stephanie's articles on examining compensation systems for internal equity have appeared in professional journals and she has appeared on NPR to discuss the gender wage gap. Stephanie is the founder of Thomas Econometrics and is the host of The Proactive Employer Podcast. Follow her on Twitter at ProactiveStats.
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