The Weekly Guide to Employment Law Developments

The Rocky Mountain Employer

Labor & Employment Law Updates

The Corporate Trend to Eliminate Performance Reviews Could Create Difficulty Defending Employment Discrimination Lawsuits

A new trend to modify or eliminate the traditional performance review is being led by major companies, such as Accenture, Adobe, and Gap, who have eliminated the traditional performance review, and General Electric, perhaps the country’s most influential corporation, who has recently decided to overhaul how it handles reviews. Corporations are moving away from traditional performance reviews to accommodate or better relate to the newer generation of employees, lighten the growing burden on managers, and save significant cost by modifying or eliminating performance reviews.  While nearly ten percent of Fortune 500 companies have eliminated traditional performance reviews, the current trend may see that number double in the next year.  As the performance review landscape changes, however, that shift could have a profound impact on employers when defending discrimination lawsuits.

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Opportunities for the Future: HSS Partners with Iraqi SIV

 Lateef Taresh might appear to have a common goal: graduate from college, eventually enter the IT field, and provide a quality education for his children. However, there’s nothing common about the ambition and sheer gumption required to get Taresh where he is today.

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Employer Drug Policy Stands in light of Legal Medical Marijuana Usage, but Proposed Federal Marijuana Legislation may Impact Drug Policies

The Colorado Supreme Court recently upheld an employer’s right to terminate an employee who tests positive for marijuana at work when the employee is legally allowed to partake of marijuana off-duty.  See Coats v. Dish Network LLC, 2015 Colo. 44 (2015).  In Colorado, employees are protected by a legal off-duty statute that prohibits an employer from terminating an employee for engaging in legal activity off-duty.[i]  Colorado legally allows for the medical use of marijuana.[ii]  The intersect of these two laws, combined with an employer’s drug policies, provided for some uncertainty for Colorado employers.  The Coats decision has cleared up any confusion.

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