Recent Decision Illustrates Dangers of Uncritical Performance Evaluations

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A recent decision of the California Court of Appeal illustrates the dangers of providing uncritical performance evaluations. In Sandell v. Taylor-Listug, Inc., the appellate court held that an employee who used a cane made out a prima facie case of employment discrimination because he was fired for poor performance after previously receiving positive performance reviews. As a result, the employee was entitled to have a jury determine whether he had been fired because of his condition.

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