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o A performance appraisal may also result in disparate treatment, such as where a female employee is rated subject to different criteria than are the male employees.
o Hopkins v Price Waterhouse
o A woman accountant denied to partner based on her performance evaluation
o She had been told that she needed more social grace and walk and talk like a woman
o Although the employer offered evidence of nondiscriminatory bases, The Supreme
Court ruled in favor of the employee.
o The court found that, as long as the sexual stereotype and discriminatory appraisal were "motivating factors" in the employer's denial, the motive was illegitimate.
o Raters are often influenced by physical or other traits or attributes such as national origin, age, accent, and so on. Also, physical attractiveness and body type
o An employee disputing the performance appraisal may also prove a case using the disparate treatment analysis from
McDonnel Douglas v Green
o The employee must show that he or she
o Is a member of a protected class
o Suffered an adverse impact employment decision as a result of a performance evaluation
o Was actually qualified to perform the responsibilities of the position
o Was replaced by someone with similar qualification who is not a member of a protected class.
o [applied, qualified for the job, protected, rejected]
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