From time to time, we ask multiple experts to weight in on a reader’s question.
We would like to start using a 360 degree review program for our performance appraisals. We define that as a process during which we would solicit evaluations from the bosses, co-workers, and customers of the employee being reviewed. If we were to adopt a 360 system, do we let the employee being reviewed see the actual evaluations? Is there a legal requirement to let them see the evaluations? — Alberto, HR Manager in Palmdale
Rhoma: Input should not be traceable to an individual evaluator. It has been my experience that a lot of the problems with 360 reviews are related to the software packages that are out there now to facilitate the 360 information-gathering process. The software’s feedback mechanisms typically ask for some rating and then also give room for comments. Often the comments are offered word-for-word to the employee being reviewed. This is not appropriate, so you want to review any system you consider to make sure that attributions to a particular person are not traceable and that the numerical ratings that the employee sees are an amalgamation of multiple responses.
Tom: I agree, the quick answer is no, the appraisals from individual employees in the form that they’re presented to the organization should not be handed over to the co-worker. First of all, if evaluators know that their comments will be shared directly, that makes it very difficult to get honest, open feedback. Second, sharing the comments increases the risk of tension and retaliation in the workplace. These 360 reviews should definitely be done in a way that allows the responses to be kept anonymous.
As to the question of a legal obligation to show the worker the documents, you absolutely have the right to say no. Just say, “That’s not part of what’s in your personnel file and it’s not something we are going to allow you to see,” and the courts recognize that.
However, what is less clear is what’s going to happen if you end up in litigation and the input from customers or other employees is subpoenaed as part of the lawsuit. The bottom line is don’t offer anybody assurance that the information won’t be produced in response to a subpoena because you simply can’t give that assurance.
Rhoma: Some of the software programs do provide a degree of anonymity. For example, oftentimes once these 360 reports are put together, the original source documents are not kept as part of the file and are destroyed. Before adopting a system for your organization, be sure that you know how it works and that it conforms to your preferences for reviews.
Rhoma Young is founder and head of HR consulting firm Rhoma Young & Associates in Oakland.
Thomas N. Makris is counsel at the Sacramento office of law firm Pillsbury Winthrop Shaw Pittman.