Can we tell employees about everyone’s performance?

We are processing employee performance in a statistical manner. Can we publish this statistical data monthly in a large report card identifying each employee by name and giving each employee’s score? This report card would be given to each employee. They would have access to every other employee’s score each month, as well as their own. Can we do this without violating their right to privacy?

Posted 07-08-2003

Ann Kiernan responds:

NO! Under the laws of every state, employers have a duty to take reasonable care with sensitive information. This is not reasonable care! You can publish summaries without identifying names; for example, you could report the range and average scores of everyone in a department, or of everyone in a particular job classification. That would actually be useful information for employees to see how they are doing compared to others.

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.

2015-06-05T20:33:05+00:00

About the Author:

Ann Kiernan has litigated claims of wrongful discharge and discrimination before state and federal courts and administrative matters before the New Jersey Division on Civil Rights, the National Labor Relations Board and the Equal Opportunity Employment Commission, representing both employers and employees. Ms. Kiernan co-hosted The Employee Rights Forum, a weekly radio call-in show reaching up to a half-million listeners in the New York metropolitan area, and her articles on employment law have been published in many books and magazines. Both as a firm partner and as a director, Ms. Kiernan gained solid experience in management and human resources compliance. She has worked with Fair Measures since 1997.