Factors Related to Court References to Performance Appraisal Fairness and Validity

Abstract

This study was designed to test whether U.S. appellate court judges' concern for validity or fairness of the performance appraisal process is a function of their ideology (more liberal vs. more conservative) or the type of charge (gender or age discrimination). We hypothesized that liberal courts' written opinions are more likely than conservative courts to focus on fairness and conservative courts are more likely to focus on validity. We also hypothesized that fairness issues are just as likely to dominate court opinions in gender as in age discrimination cases. Using LEXIS computerized search, 39 U.S. appellate court cases from 1992 to 2000 were identified for the study: 21 were heard by the 4th Circuit, 18 by the 9th Circuit; 23 were age discrimination cases and 16 were gender discrimination cases. We found support for both hypotheses.