Managing Performance

Proactive Practices

Implementing a formalized performance management system can result in greater employee engagement, and improve the overall operation of an organization. However, to maximize effectiveness, supervisors must be given clear directions and expectations regarding performance management responsibilities, whether or not the employee being evaluated has a disability.

Ideally, employees’ performance objectives should be directly connected to the overall goals of the organization. A good performance management system incorporates regular opportunities for employees to receive feedback on expectations that have been previously communicated– both in writing and through routine performance dialogue. Addressing small concerns as they arise can prevent larger problems later on.

Suggested proactive practices include:

• Creating personnel policies that leave room for flexibility. This will allow you to support and retain good employees who may experience extraordinary circumstances.
• Formalizing absence management and disability management programs within the Human Resources Department and communicate these policies with employees and supervisors.
• Developing and/or updating job descriptions to clearly identify essential functions, specific requirements, and performance expectations.
• Regularly discussing performance goals and communicating expectations.
• Providing opportunities for training and mentorship to employees who have difficulties meeting goals.
• Instructing supervisors to manage the performance of individual employees – not their disability.

Written Policies

Writing clear and effective personnel policies, and enforcing them consistently, is imperative. Policies that are enforced intermittently cannot confidently be used to address employee performance concerns – especially when termination is being considered. Written policies should be updated and provided to all employees on an annual basis, and include a statement regarding the organization’s commitment to diversity and inclusion as well as the process for requesting an accommodation.

Policies regarding progressive discipline should be general enough to allow the flexibility required to handle each case individually. However, progressive disciplinary strategies should be consistent with past practice. Employees with and without disabilities should receive equitable treatment when performance concerns are addressed. Formalized internal grievance procedures can also help to provide a forum for employees to proactively discuss any issues that they feel might contribute to performance difficulties that managers and supervisors might not otherwise be aware of.

Job Functions and Expectations

Job descriptions should be developed for all positions and updated on a regular basis. Applicants for employment should be provided with detailed job descriptions which include:

• The essential functions of the position.
• Any other responsibilities associated with the position.
• Any environmental or physical factors that should be considered. For example, a job description could describe factors that include sound, air quality, and physical requirements such as lifting, bending, standing or sitting.

The ADA does not require job descriptions, but they are a critical for effective recruitment, facilitating discussion about reasonable accommodations, if needed, as well as successful employee engagement and retention.

Expectations for successfully meeting standards, relative to the job description, should be provided to the employee at the time of hire, and reviewed during regular performance dialogues. Expectations can include the skills required to perform specific tasks, as well as “soft skills” like attendance, communication, collaboration, emotional intelligence, and effective conflict management.  

Addressing Performance Concerns

The EEOC publishes comprehensive guidance to employers on applying performance and conduct standards for employees with disabilities. According to the EEOC:

“Title I of the Americans with Disabilities Act (ADA) and Section 501 of the Rehabilitation Act, which prohibit employment discrimination against qualified individuals with disabilities, generally do not impinge on the right of employers to define jobs and to evaluate their employees according to consistently applied standards governing performance and conduct. Under both laws, employees with disabilities must meet qualification standards that are job-related and consistent with business necessity and must be able to perform the “essential functions” of the position, with or without reasonable accommodation.”

Employers should be prepared to apply consistent and fair practices when dealing with all employee performance concerns. The implementation of regular supervisory meetings can provide a platform for addressing concerns in a timely manner. Larger or more ongoing concerns could require the use of a formalized performance improvement plan, which establishes goals and a timeline for improvement, as well as potential consequences if the employee does not meet the stated expectations.

Tips for Small Businesses

Human Resource Organizations

Joining a human resources professional association, or subscribing to a publication, can help employers who do not have dedicated HR staff.  Although membership in some organizations can be costly, all of the following organizations also provide free resources through their websites and publications. Many offer frequent webinars on issues that are critical to effective personnel management.

• Society of Human Resource Management (SHRM)
• Workforce.com
• Human Resource Executive Online   
• Cornerstone On Demand Foundation (Free HR for Nonprofits)
• HRlaws.com
• Business and Legal Resources
• HR Hero

Self-Assessment for Effective HR practices

Answering all questions below in the affirmative is a good indication that your organization is on the right track to effective performance management:

1. Are there written policies in place which outline expectations or performance criteria, and are expectations discussed regularly?
2. Has the employee received a job description, and have the essential functions of the position been identified?
3. Is employee performance well documented? This should include all supervisory corrective action, and any previous accommodations – offered, or accepted.
4. Is your approach to addressing performance concerns in line with past practice? Is there a precedent for dealing with other employees with a similar performance issue?
5. Are employees offered detailed performance improvement plans when necessary? This plan should allow input and feedback from the employee. It should establish a clear timeline for improvement, and the consequences of failure to improve.