Performance Appraisals: Illinois

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Stuart R. Buttrick, Stacey Smiricky and Tareen Zafrullah, Faegre Drinker Biddle & Reath LLP

Summary

• Generally, Illinois law does not restrict private communications involving opinions, such as performance appraisals, particularly when those communications are kept confidential between management and the employee. See Employer Liability Regarding Performance Appraisals.
• With respect to performance appraisals, employees may file claims based on defamation and intentional infliction of emotional distress. However, employers have a number of defenses to these claims. See Employer Liability Regarding Performance Appraisals.
• Illinois employers are generally immune from liability for providing good-faith job references. See Employer Liability Regarding Performance Appraisals.
• Illinois employers should be aware of various discrimination prohibitions when making employment decisions, including those based on performance appraisals. See Performance Appraisals and Discrimination.
• Illinois employers should be aware of various retaliation prohibitions when making employment decisions, including those based on performance appraisals. See Performance Appraisals and Retaliation.
• Illinois law allows individuals to bring claims for negligent hiring or negligent retention of an employee under some circumstances. See Negligent Retention.