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DEI Success Toolkit

Outreach and Recruitment

Recommendations

The resources provided in this section expand on the following recommendations:

  • Rely on lawful strategies to achieve goals relating to: (1) outreach and recruitment efforts; (2) retention; and (3) the advancement of underrepresented groups. Organizations seeking to amplify opportunities to attract and recruit diverse talent should consider: (i) leveraging inclusive job postings; (ii) expanding recruiting efforts beyond schools they have traditionally focused on; (iii) targeting outreach to diverse student organizations and diverse career fairs and leveraging relationships with bar associations; (iv) recruiting candidates who have taken alternate paths in school or their careers; (v) implementing structural behavioral interviews; and (vi) engaging with pipeline programs for high school and college students.
  • Consider implementing development and retention programs that incorporate a range of tools, including: (1) affinity groups and ERGs; (2) advice and mentorship programs coupled with feedback and evaluation; (3) formal training programs; (4) equitable work allocation systems; and (5) networking opportunities.
  • Consider implementing effective advice and mentorship programs that seek to achieve a range of objectives, including:
    1. Understanding issues the employee is experiencing and helping to resolve them;
    2. Clarifying commitment and performance expectations and behavioral norms;
    3. Getting to know the employee as an individual;
    4. Helping the employee assess their medium- and long-term career goals and identifying ways to position them to achieve those, whether for internal promotion opportunities or to pursue external opportunities in the future;
    5. Identifying important skills that need developing and helping the employee identify the work opportunities that will most directly improve those skills; and
    6. For high-potential employees that manifest the talent to become vice presidents, directors and partners, ensuring that firm or company leadership has them on their radar to track and develop.

How to Use

This section will provide resources on how to create lawful strategies that promote the recruitment and retention of a diverse workforce. The following resources are provided to assist private employers and law firms with reviewing and expanding their DEI Retention and Recruitment Strategies. The section is separated into three sections that address reviewing current strategies, recruitment and retention.

Tool

Practical Tips for Reviewing Private Employer DEI Programs and Initiatives:

SFFA serves as a reminder to private employers to review their current DEI programs and initiatives to ensure they do not run afoul of Title VII and are structured in a way that mitigates legal risks. Best practices include:

Sources:

Robinson Bradshaw: “The Supreme Court’s SFFA Decision: Impacts on Corporate DEI Initiatives”

Ford Harrison: Shaking the Foundations of DEI? The Impact of the Students for Fair Admissions Decision on Corporate Diversity Initiatives

  1. Ensure your DEI program articulates a clear, legitimate business goal. Be sure that the public and internal messaging connected to your DEI goals and initiatives reflect the legitimate business purpose of the program and its benefits for all employees.
  2. Evaluate use of demographic data. While many companies regularly review and track workforce demographics, the use of such metrics should not suggest that the company has race-specific “targets” or “quotas.” Companies should be prepared to explain how tracking demographic data is connected to their DEI goals, as well as how those goals are rooted in efforts to remedy specific historical discrimination.
  3. Create an Inclusive Pipeline: Evaluate your recruiting strategies to expand your applicant pool. Consider recruiting at historically Black colleges and universities, minority industry groups, or veteran/disability-focused employment or training programs.
  4. Avoid “zero-sum” DEI actions. Employers should focus on recruitment efforts that seek a diverse candidate base and inclusion programs benefitting all employees.
  5. Implement a Diverse Slate: Careful implementation of a diverse slate program is legal. Research from the Harvard Business Review indicates an increased likelihood of hiring a female or minority candidate when at least two such candidates are in the final pool. Consider implementation of the Rooney Rule or the Mansfield Rule for management and executive level roles. The program should begin with a data-driven analysis of workforce demographics. Implementation of a diverse slate program should be narrowly tailored and should not prohibit a non-minority candidate from being considered.
  6. Provide Available Resources to All: When implementing mentoring, executive training, and leadership initiatives, ensure that classes or groups of employees are not prohibited from applying or consideration.
  7. Recognize that Diversity Goes Beyond the EEO-1 Classifications: The Supreme Court noted that diversity does not begin or end with the six noted EEO-1 race classifications (white, Native Hawaiian or other Pacific Islander, American Indian or Native Alaskan, Asian, Hispanic or Latino, Black or African American). This premise has been widely supported and should continue to be a governing factor of any employer DEI efforts. In implementing and expanding DEI initiatives, employers should champion non-traditional aspects of diversity, in addition to the typical demographic categories. It is important to reiterate that all DEI discussions must adhere to your company’s anti-harassment and anti-discrimination policies.

Diversity Recruiting Strategies to Improve Inclusive Hiring

Diversity recruiting is the process of sourcing candidates in an unbiased way in order to grow a more diverse, well-rounded, and competitive workforce. As with traditional recruiting, diversity recruiting aims to hire the best people for the jobs. It also puts a greater emphasis on structuring the hiring process in a way that gives all candidates an equal chance of being hired. Companies that practice diversity recruiting attract candidates with various backgrounds, introducing people with disabilities, different socioeconomic statuses, religions, genders, races, and sexual orientations into their workforce.

Strategies to Improve Including Hiring:

Source: “11 Diversity Recruiting Strategies to Improve Inclusive Hiring”

  1. Reconsider Screening Factors and Requirements
    It’s impossible to source the right talent without the right attributes. Sourcing for attributes that may be broader and more comprehensive than traditional keywords can help to find candidates that no one else is seeking. Updating what you’re screening for is crucial to keep diverse candidates in the talent pool. This means making room for marginalized ethnicities, veterans, people with disabilities, marginalized genders, and other underrepresented groups in HR searches. It's key to avoid any screening factors that are not necessary to perform the job, so that qualified candidates are comfortable applying.
  2. Take Language Seriously
    Candidates pay attention to how you market and portray your brand. The language in job descriptions, marketing materials, and interviews can unintentionally alienate diverse candidates. Train your hiring managers and interviewers to avoid those situations and use outside sources to help personalize your written outreach. (See below for tips on creating job descriptions and using inclusive language.)
  3. Reduce Bias Through Technology
    Technology can help reduce bias in the processes by working from a set of defined rules and eliminating the need for human interaction in the screening process. However, even machine learning may have bias introduced by the humans who create it, so searching for nuanced attributes beyond specific experience or job titles can expand the talent pool. Companies can also leverage technology to pinpoint and remove alienating language in job descriptions and other communications.
  4. Use AI for Resume Reviews
    Resume screening opens the door to subconscious (or conscious) bias. Artificial intelligence (AI) can automatically prioritize candidates from underrepresented groups in talent pools and can reduce bias in the process. The key is to program algorithms to filter based on certain attributes, experience, and skills. With those criteria in mind, AI sifts through applicant resumes as well as other data sources for selected parameters and surfaces an objective shortlist of top candidates. Removing a candidate’s name or face in a resume screen or interview lessens the chances of unconscious bias due to race or gender. Blacking out resumes and interviews can be tough to do manually. Relying on software that can anonymize resumes or collect answers to screening questions via text can result in digital profiles compiled and verified across people data sources, eliminating bias that comes from reviewing resumes.
  5. Increase Training to Reduce Bias and Increase Inclusivity
    Anti-bias and diversity training are necessary steps to becoming a more inclusive company. Don’t equate that to boring and often ineffective online training sessions. Incorporate interesting, fun activities and involve your workforce. A robust DEI training program will help your hiring managers, interviewers, and staff create a safe space for new employees to flourish.
  6. Increase the Number of Diverse Candidates on Shortlists
    Research published in the Harvard Business Review revealed that if only a single individual of a minority group (i.e. a woman or a person of an ethnic minority) is on the shortlist, their chance of getting hired is close to zero. The hypothesis for this finding is that being a single person with a unique trait will highlight the differences of that individual. For decision-makers, choosing “the different” can be considered risky as human nature does not encourage deviation from the norm. To address this bias, you can implement the “two in the pool effect,” a diversity recruitment strategy. The concept behind this strategy is to intentionally include multiple qualified candidates from the same minority demographic in your shortlist. This approach levels the playing field, ensuring that the best person for the job is selected, regardless of their background.
  7. Recruit from Places with Diverse Candidates
    Boost your diversity metrics by actively seeking out new, specialized online networks; find universities or community colleges that teach the types of candidates you want to hire; and ask around to discover community groups with members who might be an asset to your organization. Narrow your search by using talent acquisition platforms that identify locations with a higher percentage of diverse candidates to host recruitment events or participate in job fairs.
  8. Use Internships to Identify Diverse Candidates
    Don’t forget about the value of specialized internship programs. Set up your internships to target diverse candidates. Make a point to recruit students from schools and community groups with which you don’t typically partner, pay your interns, and offer flexible scheduling. If you can attract the right talent to apply, internships are an effective way to show diverse talent the opportunities for joining your company upon graduation. You will be opening doors for talented young people that may not otherwise have been available. Reach out to local colleges, universities, or community groups and ask for their input. They may be willing to partner with you on setting up a program, or they may have their own programs in place that you can join.

Enhance Diversity Recruiting Strategies Through Expanded Sourcing, Metrics, and Inclusive Company Policies

Source: 16 Tried and True Inclusion and Diversity Strategies for Campus Recruiters

  • Virtual Career Fairs for Targeted Minority Student Groups
    Virtual career fairs are a cost-effective and efficient way for companies and law firms to tap into a broader talent pool. These online job expos are particularly effective in connecting with minority groups such as veterans, women, and people with disabilities. If your organization has the resources, consider hosting your own virtual job fair. By participating in or hosting virtual career fairs tailored to diverse student groups, your organization can access a rich talent pool and contribute to building a more inclusive workforce.
  • Recruit Where Diversity Thrives
    Incorporating diversity and inclusion elements into your recruitment processes is vital. Many universities have student groups that represent minority or underprivileged communities. Law schools have diverse student organizations with national headquarters. When strategizing your campus recruitment, include schools with diverse student bodies that represent underrepresented students. According to NACE (National Association of Colleges and Employers), the most common sources for diverse recruiting among employers are Historically Black Colleges and Universities (HBCUs) and Hispanic Serving Institutions (HSIs). Building strategic partnerships with schools that primarily serve minority populations can significantly boost your diversity recruiting ROI. Consider top colleges and universities from U.S News’ Campus Ethnic Diversity Index when recruiting underrepresented students. (See below for sources for diverse universities, colleges and law schools.)

Resource: HBCU Law Schools and Career Services Contacts

  1. Florida A & M University LawOffice of Career Planning and Professional Development
  2. Howard University College of LawOffice of Career Services
  3. North Carolina Central College of LawCareer Services and Professional Development
  4. Southern University Law CenterCareer Services Offices
  5. Thurgood Marshall School of LawOffice of Career and Special Development
  6. University of D.C. School of LawOffice of Career and Special Development

Resource: HBCU’s by State

Resource: Hispanic Serving Institutions

Resource: Hispanic Association of Colleges and Universities

Resource: Native Student Engagement and Recruitment Resources

  • Alumni Networks
    Engage with alumni associations to connect with graduates who have entered the workforce.
  • Collaborate with Multicultural Associations and Student Groups
    National and regional professional associations and student groups centered around various minority communities provide excellent opportunities to boost your brand and diversify your talent pool. You can achieve this by strategically sponsoring and hosting events within these communities. This approach ensures a steady influx of diverse candidates.

Resource: National Affinity Bar Associations

  1. National Bar Association
  2. National Native American Bar Association
  3. National Asian Pacific Islander Bar Association
  4. Hispanic National Bar Association
  5. South Asian Bar Association North America
  6. National Association of Blind Lawyers
  7. Deaf and Hard of Hearing Bar Association
  8.  National LGBTQ+ Bar Association
  9. National Association of Women Lawyers

Resource: National Affinity Law Student Associations

  1. National Black Law Students Association
  2. National Latina/o Law Student Association
  3. National Native American Law Students Association
  4. National Asian Pacific Islander Law Student Association
  5. National Disabled Law Students Association
  6. National LGBTQ Bar Law Student Congress

Note: Many educational institutions have campus affinity groups for other underrepresented communities. Please contact schools within your targeted communities for additional information.

  • Establish Your Inclusion and Diversity Brand
    A diverse team and a strong brand are closely connected. In today’s job market, candidates have choices, and if they don’t feel welcome, they’re unlikely to choose your organization. Having a reputation for inclusion and diversity in your employer’s brand can attract a wide range of customers, candidates, and potential partners. See the following checklist to help you establish and highlight your employer brand’s diversity:
  • Enhance Your Employee Referral Program
    One of the best recruiting sources is word of mouth. Diverse employees know and talk to various individuals. Your employees share their positive experiences working for your company. Because of this, your candidates’ perception of your company spreads throughout their communities. To capitalize on your employees’ network, bolster employee-referral recruiting programs at your organization, including a deliberate message about the business need for a diverse workforce and the importance your company places on diversity referrals. Communicate your organization’s goals and where you are in the process of building a more diverse and inclusive workforce with your employees. Another approach is to involve Members from your Employee Resource Groups. Many firms use their ERGs for interviewing and hiring various candidates directly.
  • Support Inclusion and Diversity through Philanthropy
    Business can take another possible approach to inclusion and diversity recruitment through the support of philanthropic activities. A business can establish or be part of educational and community partnerships to enhance its diversity-focused image and access a more diverse pool of talent. 
  • Use the Right Metrics to Monitor Your Diversity Recruiting Effort
    In the world of recruitment, what you measure, you can improve. It’s crucial to establish clear, measurable diversity recruiting metrics to track your progress. Campus recruiting teams should strive to become more data informed. By embracing the right campus recruiting software, recruiters can efficiently monitor these essential metrics and make more unbiased hiring decisions. Effective use of campus recruiting software allows leaders to eliminate guesswork, develop evidence-based strategies, and showcase their team’s contributions to the organization. Some essential metrics include:
    • Percentage of Diverse Candidates: Keep track of diverse candidates at every stage of your recruitment process.
    • Minority Representation: Monitor the percentage of minorities at various levels within your organization.
    • Employee Satisfaction (D&I): Gauge employee satisfaction regarding Inclusion and Diversity and Inclusion (D&I) efforts.
    • Retention Rate for Minorities: Track the retention rate among minority employee groups.
    • Recognition and Awards: Pay attention to awards and recognitions from inclusion and diversity interests and advocacy groups for your D&I initiatives.
  • Develop Inclusive Company Policies for Diverse Candidates
    Truly valuing inclusion and diversity means embodying those values in your everyday operations. This involves proactively implementing company policies that resonate with a diverse pool of candidates.
    • Inclusive Time-Off and Scheduling: Revise your time off and scheduling policies to incorporate a wider range of religious holidays, community events, and similar occasions. Promote flexible work hours, allowing candidates to stay engaged with their communities without adhering to rigid schedules.
    • Fostering Open Communication: Encourage your management teams to create an environment where employees feel comfortable expressing concerns about policies that may limit diversity. Acknowledging that individual biases can influence workplace dynamics, fostering transparent communication is vital to ensuring everyone feels included and valued.

1. Enhance Diversity in Candidate Screening

  • Reevaluate Your Candidate Screening Criteria
    Rethink the attributes you seek in potential hires and how you communicate with them. A crucial aspect of diversity-focused recruiting is continually questioning the qualities you prioritize in candidates, understanding why you do so, and whether any personal biases influence these choices. Take a moment to review how you assess and select candidates, and honestly reflect on whether your methods inadvertently favor specific groups. If you discover such bias, consider adjusting your evaluation processes. If you’re uncertain, seek input from colleagues to gather diverse perspectives.

Resources:
Shultz Zedeck Study: 26 Factors for Lawyer Effectiveness Predicting Lawyer Effectiveness: Broadening the Basis for Law School Admissions Decisions

Empirical Research on the Core Competencies Needed to Practice Law: What Do Clients, New Lawyers, and Legal Employers Tell Us?

  • Blind-Hiring Techniques
    Campus Recruiters are adopting a method to reduce bias in candidate selection by anonymizing resumes. This means removing personal details such as names, educational institutions, birthdates, and specific locations. Even unintentionally, these details can influence how we evaluate candidates. Blind interviews follow the same principle as blind resumes, extending the bias-reduction strategy to initial candidate conversations. You can achieve this by sending text-based questions to candidates through your preferred recruitment platform. Candidates answer these questions anonymously and avoid sharing personal information. The goal is to ensure an unbiased selection of candidates for further interviews. It’s challenging to eliminate all bias during phone or in-person interviews, making blind interviews most effective in the early stages of the hiring process.

2. Address Recruiters’ Burnout

  • A gateway for unconscious bias to set in is a burned-out team of recruiters. Burnout is possible in any occupation. However, campus recruiters are even more susceptible to this phenomenon. Working in a highly competitive environment with repetitive work processes can take a toll on individuals, making them more susceptible to unconscious bias. Here are a few ways to support your recruiters: 
    • Implement Comprehensive Well-being Program
    • Promote Diverse Training and Education 
    • Streamline Recruitment Processes 
    • Encourage Collaborative Decision-Making 
    • Enhance Diversity in Shortlisting and Hiring

3. Promote your ERGs Early

Don’t wait until the onboarding stage. A straightforward way for your talent acquisition team and hiring managers to promote inclusivity is by sharing information about your company’s Employee Resource Groups (ERGs) during the interview process. Promoting ERGs during the interview process helps candidates feel an immediate sense of belonging and the opportunity to join a community right from the start.

4. Use Social Media to Source and Market to Diverse Talents

In today’s fast-paced world, social media is a powerful tool for building your employer brand and connecting with potential candidates. The strategic use of social media networks, such as Facebook, Instagram, LinkedIn, Twitter, Pinterest, Snapchat, etc., to attract and recruit talent to your company offers a convenient way to identify and engage with diverse talents, making your recruitment efforts more inclusive. By incorporating a targeted social media strategy within your broader candidate attraction strategy, you can reach an untapped talent pool of passive candidates who are not applying to your job postings
Built IN: Social Media Recruiting: A Complete Guide with Examples

ADDITIONAL RESOURCES AND TIPS FOR EXPANDED OUTREACH AND RECRUITMENT:

OTHER RESOURCES FOR LAW FIRM DIVERSITY RECRUITING:

ADDITIONAL RESOURCES FOR IDENTIFYING LAW SCHOOLS WITH DIVERSE POPULATIONS:

ADDITIONAL RESOURCES FOR IDENTIFYING UNIVERSITIES AND COLLEGES WITH DIVERSE POPULATIONS AND RESOURCES:

Performance Review Systems and Effective Evaluation Strategies

Overview

The performance review or evaluation is a formal process undertaken by employers to assess employee performance, skills, and accomplishments in their job and to offer feedback in order to improve future performance. More companies are moving toward a frequent feedback performance management system in which managers conduct quarterly, monthly, and weekly reviews. Incorporating regular check-ins, setting meaningful goals, and utilizing performance review tools are key strategies for success in today's workplace. Performance reviews can provide timely, valuable feedback for employees about their work and help them understand how well they are doing and what areas need improvement.

The purpose of reviews is two-fold: an accurate and actionable evaluation of performance, and then development of that person’s skills in line with job tasks. For recipients, feedback has intrinsic and extrinsic value. Across fields, research shows that people become high performers by identifying specific areas where they need to improve and then practicing those skills with performance feedback. Multiple career studies indicate the importance of on-the-job versus other types of experience. For the giver of feedback, the process is key to getting people to practice the right things, prioritize opportunities, and clarify accountabilities owned by the individual versus the manager or the company. It’s also key to effective leadership. The higher you rise in any organization, the more dependent you are on subordinates’ performance. This reality has implications for what managers must do before, during, and after a review.
(Harvard Business Review: “How to Conduct a Great Performance Review
by Frank V. Cespedes, Senior Lecturer Harvard Business School, July 8, 2022

The strategic use of performance review software can streamline the review process, making it more consistent, efficient, and impactful. Such tools offer features like goal setting and tracking, feedback collection, and performance analytics, facilitating a more data-driven and transparent review process. With the help of technology, managers can ensure that they are conducting effective reviews that benefit both the employee and the company. By leveraging data-driven systems, organizations can ensure consistency and fairness in performance evaluations, track employee progress over time, and provide personalized feedback and development opportunities. This ultimately leads to more accurate performance assessments and better supports employee growth and success.

Note that performance reviews can't be effective as standalone performance management tools. They must be integrated into a broader performance management framework that includes goal-setting, feedback, and regular 1-on-1 conversations.  The use of more holistic and forward-thinking performance reviews can foster a culture of continuous improvement and learning in the organization. This approach not only enhances employee engagement and productivity but also helps identify and nurture talent for future leadership roles.
Teamflect: Performance Review: 20 Performance Review Best Practices For 2024

As organizations look forward, adopting a flexible, personalized approach that aligns performance reviews with their strategic goals and culture will be key to unlocking the full potential of their workforce without creating too much work for managers. The future of performance reviews is expected to see changes and advancements driven by technology and evolving workplace dynamics. Technology is expected to further transform the performance review process, contributing to a more efficient and effective approach. These trends may include more frequent feedback; real-time performance tracking; data-driven performance insights; focus on future performance; digital platforms; artificial intelligence; and mobile accessibility. By embracing these trends, organizations can create a performance review process that is agile, data-driven, and focused on continuous improvement and employee development.
Quantum Workplace: “Boosting Employee Success with Effective Performance Reviews:

Managers who conduct regular, more frequent performance reviews can recognize high-performing employees, address issues before they escalate into problems—and better engage their team as a result. Embracing change and implementing these practices can lead to a more positive and impactful performance review process and can enhance employee motivation and productivity. Each organization in the private sector and in law firms has its own, unique way of conducting performance evaluations. However, considering and implementing the following universal performance appraisal best practices can help to boost productivity within a working environment.

Guidance for Performance Evaluation Systems in Law Firms

An article appearing in Law Practice Today, the ABA Law Practice Division Magazine, provides helpful advice on “Making the Review Process Better”; A summary of the article follows.

All law firms need to evaluate lawyer performance periodically to support compensation, promotion and retention decisions, as well as to assess how their lawyers are performing regarding the goals and needs of the organization. Most performance management systems rely on written reviews of other lawyers in the firm which are consolidated and form the basis for a review conversation with the attorney at which feedback is delivered and, in most firms where future development goals will be outlined. In many cases this traditional review process focused on deficit-oriented performance reviews that emphasize what an employee is not doing well. This approach has been shown to fail to improve performance and to be counterproductive, generating employee dissatisfaction and lower organizational performance. Workplaces that honor and respect individuals’ contributions, nurture and support their intellectual, professional and relational growth, and provide constructive feedback and fair compensation optimize the opportunity for lawyer engagement, commitment, performance, productivity, profitability, teamwork, and ability to attract and retain talent.

The article notes that successful performance review dialogue should require:

  • preparing and training at all levels of the firm, including those who deliver and receive feedback;
  • reviewing of the current performance review process with an eye to what is and is not working;
  • introducing stakeholders to a strengths-based process and its relationship to engagement and productivity;
  • developing specific training modules for both reviewers and reviewees on framing, delivering and receiving feedback;
  • creating individual development plans that are actionable and include periodic check-in and feedback to provide encouragement, assess progress and course adjustment as needed;
  • designing metrics to assess retention, recruitment, absenteeism, completion of assignments, etc.; and
  • having all attorneys complete evaluations of the impact of the process.

The article concludes that the legal profession can benefit greatly from rethinking performance management as a tool for developing and retaining talent. However, merely providing information does not necessarily help an individual develop missing skills. In an increasingly complex, high-stakes business environment, it is critical to ensure that the information provided in a review process is retained and available for use on a day-to-day basis. Post-review coaching may provide a valuable complement to the review process. Combining a positive, prospective performance management system with supportive coaching and training can yield great benefits and facilitate individual and organizational flourishing.
(ABA Law Practice Division, Law Practice Today: “Making the Review Process Better” by Diane Rosen & Laurie Lyte.

The National Law Review provides a comprehensive checklist for mastering associate performance

Creating a thriving environment for associate attorneys is a multifaceted endeavor, blending the art of constructive feedback with the science of performance metrics. At its core, it's about nurturing a culture that values growth, fosters excellence, and aligns individual ambitions with the firm's broader vision. The journey from evaluating performance to providing developmental opportunities paves the way for associates to not only meet but exceed expectations, thus propelling the firm towards a trajectory of success and distinction. A checklist for mastering associate performance includes:

  • Making Evaluating Associate Performance a Priority
  • Defining Key Performance Indicators (KPIs) 
  • Setting Clear Performance Expectations
  • Implementing Regular Feedback and Coaching Sessions
  • Providing Professional Growth and Training Opportunities

General Guidance for Performance Evaluations in the Private Sector and Law Firms

Rethinking the Performance Review Process
Details for the following tips can be found at
Quantum Workplace, Rethinking the Performance Review: Tips for HR Leaders

Success-driven organizations know that the performance review must be part of a continuous performance management strategy. HR leaders must lead their organizations through rethinking performance reviews, asking questions such as:

  • How do performance reviews fit within our organization's broader employee success strategy?
  • How do they impact employee engagement and performance?
  • What do our performance reviews say about our culture?
  • Are they helping us retain our high performers or are they turning them away?
  • How can the review process be more efficient, effective, and engaging for everyone involved?

Elements of and Effective, Efficient and Engaging Performance Review Process

  • Performance reviews should happen frequently, allowing managers and employees to stay on the same page about goals, progress and performance.
  • Performance reviews should be two-way conversations. Managers and employees should equally contribute to the conversation, and employees should be just as invested in the preparation as managers.
  • Performance reviews should be future-focused. Employees can’t change the past, it’s good to reflect on the past, but managers and employees should also spend time looking forward to the next year.
  • Performance reviews should be transparent. Managers should work with each employee to create a clear, shared, and collaborative agenda with main points of discussion.
    Both parties should know exactly what to expect—there shouldn’t be any surprises!
  • Performance reviews should be objective. Today we have access to volumes of relevant data. Every statement made should be fueled by data—not by the manager’s opinion.
  • Performance reviews should be enabled by technology. Performance review software helps simplify the process and enhance effectiveness across the board. A digital platform helps to share agendas, record notes, and document performance all year long. It should help empower managers with diverse data sources that help them to be better coaches, have better reviews, and minimize subjectivity in performance evaluations. 
  • Different types of performance reviews should be utilized based on the organization’s needs and goals helping, including annual performance review, midyear performance appraisal, quarterly performance conversation, monthly 1-on-1 meetings, weekly check-ins, and 360 and self-performance reviews.

Note: Additional review methods include Management by Objectives, Objective and Key Results, 180-Degree Feedback, 360-Degreee Feedback, 720-Degree Feedback, Critical Incident Method, Checklist Method, Psychological Appraisal, Assessment Center Method, Behaviorally Anchored Rating Scale, Self-Assessment, and Peer Review.
PeopleBox:What are the Different Methods of Performance Management?” (This article describes these methods, how to set them up and when to use them depending on the type of business.)

Preparing for the Performance Review
Quantum Workplace,Rethinking the Performance Review: Tips for HR Leaders

Managers should approach any performance conversation with thoughtful preparation, lots of data and examples., and do the following:

  • Sync performance review criteria, employee goals, and goal progress.
  • Gather employee data and examples.
  • Prepare notes and agenda.
  • Align expectations with employees.

Conducting Performance Reviews
Quantum Workplace,Rethinking the Performance Review: Tips for HR Leaders

Conducting performance reviews is a crucial aspect of talent management within any organization. The responsibility primarily falls on the shoulders of HR and managers. Together, they should work towards creating a more efficient, effective, and engaging review process.

When it comes to how to conduct a performance review effectively, managers need to understand:

  • Why it’s important to review past performance and focus on future success
  • How to ask the right questions
  • How to choose the right phrases
  • The importance of being a good listener
  • Ending the conversation with agreed upon next steps

What to Assess in a Performance Review
Source: Teamflect:” How to Write a Performance Review That Drives Results: Best Performance Review Guide for 2024”

Performance review expectations can be more specifically determined by considering your industry. However, common performance review that can be used in any industry include skills, level of expertise, quality of work, quantity of work, collaboration and teamwork, punctuality and attendance, initiative, customer service, flexibility, time management, leadership, and organizations skills.

What Are Performance Expectations
Performance Expectations: Example Expectations + Helpful Performance Feedback Samples – 2024

Performance expectations are important because they help us understand our path to success and our responsibilities. Without performance expectations, employees might lose direction because achieving success at work requires clear goals and the right mindset. Also, from leadership and initiative to facilitating collaboration and communication, performance expectations play an important role. Performance expectations also serve as the foundation for performance evaluations. Because employees are assessed based on how successful they were by referring to these expectations. 

How to Write a Performance Review
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Source: Teamflect:” How to Write a Performance Review That Drives Results: Best Performance Review Guide for 2024

Gallup found that only 14% of employees think performance reviews are motivating. This indicates that managers should incorporate new strategies into employee reviews. The steps below answer the question “How to write a performance review” in a way that is practical and useful.

  1. Collect Important Information
    While writing employee reviews you should try to be as comprehensive as possible and include more than past performance. To write the best work performance evaluation, first collect important information such as self-reviews, useful data, and goals. You can do this by including your one-on-one meeting notes, recognition examples, projects and products where the employee contributed and feedback from stakeholders.
  2. Stay Objective and Avoid Biases
    Managers try to be as objective as possible. Managers can read about common biases at work and see if they exhibit any of them. Here are the three common performance review biases:
    1. The halo effect: Perceiving your employee as flawless.
    2. The horn effect: Everything an employee does is construed as negative and useless.
    3. The-just-like-me bias: When you share similarities with an employee and rate them more positively.
  3. Start with the Positive
    To reinforce future performance, you need to start with the positive. This will set the tone for the rest of the performance review. Knowing they are appreciated by you, your employees will be comfortable when you discuss the weaker areas of their work.
  4. Include Constructive Criticism
    You need to address your employees’ weaknesses because if they are clueless about the weaknesses they can’t improve and grow. Be constructive with criticism and careful with your wording. Here are three examples of constructive criticism that are paired with a strength of the employee:
    1. “You work effectively individually, but there’s potential to enhance your collaboration within the team. You may consider taking the initiative to share your expertise and ideas more proactively.”
    2. “While your content is solid, your presentation skills could be improved. You can work on your delivery, body language, and engagement with the audience.”
    3. “You handle conflicts professionally, but there have been occasions when the resolution process could have been more efficient. Try addressing issues early and seeking mediation if necessary.”
  5. Incorporate 360-Degree Feedback
    You’ve read about biases and you’re aware of the possible negative impacts of biases on employee reviews. Another way of avoiding bias is incorporating 360-degree feedback.

    To incorporate 360-degree feedback, you need to add examples from self-reviews, as well as peer and manager reviews. This will allow you to see employee performance from every angle and provide more detailed feedback.
  6. Act Like a Mentor
    Employee mentors assist their mentees in developing professionally. They resemble a teacher who is supportive of their students and who provides them with honest feedback. This relationship based on encouragement makes mentees feel supported and comfortable. Thus, by using a mentoring approach during employee reviews, you will also give your employees a sense of security and support.

Conducting Remote Performance Reviews
Teamflect: How to Write a Performance Review That Drives Results: Best Performance Review Guide for 2024

  • Create a Visual Resource
    To make sure you and your employees are on the same page, you can prepare slides or visual resources. They will allow you to make sure nothing important is forgotten and they serve as a baseline for future employee reviews.
  • Ask for a Self-Review
    Self-reviews are important because they help you understand how employees perceive themselves. After reading the self-review, you may realize that your performance review criteria don’t include the critical points that your employees talked about in their self-assessment. By using self-reviews both you and your employees can gain insight. Additionally, self-reviews are great opportunities to see how employees want to grow professionally.
  • Use Performance Review Software
    You can’t manage a remote team without software. And if you’re ambitious with your goals, you need a solution that ticks all the boxes. Make sure the software is efficient, user-friendly, cost-effective, reliable, and customizable.
  • Recognize Your Employees’ Contributions
    Solely focusing on mistakes and weaknesses will not be effective in motivating your employees. People need to feel appreciated to be more ambitious. If all you talk about is weaknesses, then your employees might feel like there is no need to try because their efforts and contributions are invisible.
  • Try to be Empathetic
    Employee reviews can be intimidating for employees, especially if they are being conducted remotely. Therefore, you need to provide suggestions and advice while giving constructive criticism. While doing so you should be empathetic by making actionable suggestions so that your employees can understand they can improve their weaknesses.

Writing a Performance Review for Remote Teams: 7 Useful Tips 
The performance review process can seem very different in remote work since it’s hard to see if someone is in the office or not. However, it’s still important to keep the process in place and observe the same protocol as you would if employees were in the office every day. When conducting a remote evaluation:

  1. Establish a baseline
  2. Focus on individual goals
  3. Create an engaging conversation
  4. Use specific examples
  5. Spend more time with people who need it most
  6. Ask for input regularly
  7. Schedule regular check-ins


Performance Review Biases and Bias Interrupters

Types of Performance Review Bias
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Teamflect: Performance Review Bias: How to Use 360-Degree Feedback to Eliminate it!

Since we are all incredibly complex individuals, with countless different factors forming our respective identities, it is perfectly normal that our biases are equally complex. They are separated into multiple different subcategories. Research reveals that the five types of biases listed below are the greatest offenders when it comes to sabotaging the results of performance reviews:

  • Recency Bias: Recency bias is favoring recent events over older ones.
  • Halo / Horns Bias: Halo / Horns bias is a cognitive bias that causes one to focus on one good or bad trait, instead of the whole.
  • The Law of Small Numbers Bias: The law of small numbers bias is the unfair assumption that a small sample is representative of the majority population.
  • Idiosyncratic Rater Bias: Idiosyncratic rater bias is the type of bias that happens when the rater uses their own skillset as a judging criterion.
  • Leniency Bias: Leniency bias is giving positive notes, even though there is a glaring room to improve for the person reviewed.

The Challenge
Equality Action Center; UC College of the Law, San Francisco: “Bias Interrupters, Performance Evaluations” 

A study of performance evaluations in tech found that 66% of women’s performance reviews contained at least one negative personality criticism (“You come off as abrasive”) whereas only 1% of men’s reviews did. In a performance evaluation audit at a law firm, people of color and white women were far more likely to have their personality mentioned in their evaluations (including negative personality traits). What’s optional for white men (getting along with others), appears to be necessary for white women and people of color. Case in point: 83% of Black men were praised for having a “good attitude” vs. 46% of white men, and 27% of white women were praised for being “friendly and warm” vs. 10% of white men.

Research also shows that white men tend to be judged on their potential while “prove-it-again groups” (women, people of color, individuals with disabilities, members of the LGBTQIA+ community, older employees, and first-generation professionals) are judged (or scrutinized) on their performance. Small biases can have large effects: According to one study, women received significantly lower “potential” ratings despite higher job performance ratings, and this accounted for 30-50% of the gender promotion gap.

The Solution
Equality Action Center; UC College of the Law, San Francisco “Bias Interrupters, Performance Evaluations” 

  1. Use metrics.
    Data and metrics help you spot problems—and assess the effectiveness of the measures you’ve taken. Businesses use metrics to help them achieve any strategic goal.
    1. Key Metrics:
      - Do your performance evaluations show consistently higher ratings for majority men than for women, people of color, or other relevant groups?
      - Do your performance evaluations show consistently higher ratings for in-person workers than remote and hybrid workers?
      - Do women’s ratings fall after they have children? Do employees’ ratings fall after they take parental leave or adopt flexible work arrangements?
      - Do the same performance ratings result in different promotion or compensation rates for different groups?
      Keep metrics by: individual supervisor; department; and the organization as a whole.
    2. Collecting Data:
      1. Demographic data of employees:
        Race/Ethnicity: This is likely collected from employees when they first apply to work at your organization.
        Gender identity: Again, this is likely collected from employees when they first apply to work at your organization.
      2. Performance evaluations data:
        Quantitative ratings: All quantitative ratings that are tracked.
        Narrative answers: Answers to all open-ended questions.
    3. Interpreting Data:
      Examining the demographic breakdown of quantitative ratings will help you determine whether there is a pattern of group differences in your performance evaluations. Looking at the indicators of bias will help you understand precisely how bias is playing out at your organization and provide a path forward
      1. Quantitative ratings:
        In an organization where bias is not playing out in performance evaluations, expect the average ratings for each demographic group to be roughly equal. If the ratings at your company differ across groups, that could be evidence of bias.
      2. Narrative data:
        What managers write in evaluations is also important. For example, in a company with prove-it-again bias, we would expect to see white men being described as valuable assets to the company even when they had lower ratings than women or people of color. A company with tightrope bias would see more personality comments for women and people of color, while white men would be more likely to receive praise for leadership skills.  
        Note: As you interpret your qualitative data, it is important to keep in mind that the objective is not to call out specific managers or even to spot bias in individual evaluations. Instead, we look for patterns that typically only become evident when we read a group of evaluations together.
    4. Acting on Data:
      Depending on the pattern(s) you see in the pre-intervention data, there are two key areas of focus for your structural intervention:
      1. Revising the written materials connected to performance evaluation
      2. Providing training to help people combat bias

    5. Interpreting Post-Intervention Data:
      After implementing your chosen interventions, you will want to examine the impact of the changes you have made. There are a few key indicators you should be looking for:
      1. Ratings:
        Compare your pre-intervention ratings to the post-intervention ratings.
        - Are you closer to equal ratings for groups? That is a good indicator that your intervention was impactful.
        - Are you seeing the same issues as before? That is a good indicator that you need to add more bias interrupters.
        - Are you seeing more, or different issues than before? Interrupting bias is an iterative process – you may need to make several rounds of changes.
      2. More level playing field across groups:
        Compare your pre-intervention narrative results to the post-intervention narrative results.
        - Are you closer to equal numbers for groups? That is a good indicator that your intervention was impactful.
        - Are you seeing the same issues as before? That is a good indicator that you need to add more bias interrupters.
        - Are you seeing more, or different issues than before? Interrupting bias is an iterative process – you may need to make several rounds of changes.
  2. Implement bias interrupters.
    1. Designing the Performance Evaluation Form: Add an expected character or word count to text boxes. This helps managers understand how much they should be writing for each employee and makes sure everyone gets around the same amount of feedback. Without it, managers have to guess how much they should be writing, leading them to write more for some rather than others.
    2. Begin with clear and specific performance criteria directly related to job requirements.
    3. Require evidence from the evaluation period that justifies the rating.
    4. Consider performance and potential separately for each candidate.
    5. Separate personality issues from skill sets for each candidate.

      Controlling for Bias in the Process of Filling out Forms

      The Center for WorkLife Law conducted an experiment with Dr. Monica Biernat at the University of Kansas examining the effects of reading our Identifying Bias in Performance Evaluations Guide. Participants completed reviews for hypothetical employees. Half of the participants were randomly assigned to a group that read the Bias Guide and listened to a brief audio recording summarizing the main messages; the other half received no further instructions.

      Our findings indicate that reading the toolkit leads participants to give higher ratings, monetary bonuses, and promotion recommendations for both women and Black workers.

      Before the next round of performance evaluations, have everyone on your team watch this short
      2 minute video and read the Identifying Bias in Performance Evaluations Guide.
    6. Don’t eliminate your performance appraisal system.
      Eliminating formal performance evaluation systems and replacing them with feedback-on-the-fly creates conditions for bias to flourish.
    7. Don’t accept global ratings without back-up.
      Require evidence from the evaluation period that justifies the rating. Try: “In March, she gave X presentation in front of Y client on Z project, answered his questions effectively, and was successful in making the sale,” instead of: “She’s quick on her feet.”
      In the performance evaluation experiment at a law firm (described above), we redesigned the form to focus on specific competencies that mattered to the organization and required that evaluators list 3 pieces of evidence to accompany every numerical rating. Doing so minimized the “halo-horns effect:” where white men are artificially advantaged by global ratings because they get halos (one strength is generalized into an overall high rating) whereas other groups get horns (one mistake is generalized into an overall low rating).
    8. Combat in-person favoritism.
      With more companies transitioning to hybrid models of work, it is important to ensure that “face-time” in the office doesn’t translate to higher ratings on performance evaluations, quicker promotions, and increased compensation. Instead, when assessing employee performance, be sure to use output-based evaluation.
    9. Evaluations for remote/hybrid workers should be done through video conference or in-person. To prevent any potential misunderstandings, it is important to have context such as facial expressions.
    10. Equip yourself and others involved in the evaluation process by keeping a copy of our Performance Evaluation Checklist nearby when writing and reviewing performance evaluations.
    11. Provide a bounceback.
      Managers whose performance evaluations show persistent bias should receive a bounceback (i.e. someone should talk through the evidence with them). What’s a bounceback? An example: in one organization, when a supervisor’s ratings of an underrepresented group deviate dramatically from the mean, the evaluations are returned to the supervisor with the message: either you have an undiagnosed performance problem that requires a Performance Improvement Plan (PIP), or you need to take another look at your evaluations as a group. The organization found that a few people were put on PIPs– but that over time supervisors’ ratings of underrepresented groups converged with those of majority men. The organization that used this found that all groups found performance evaluations equally fair.
  3. Calibration meetings.
    In many organizations, managers introduce a target distribution of ratings or cross-calibrate rankings.
    Have managers read the Identifying Bias in Performance Evaluations Guide before they meet  and do the  following:
    1. Pre-commit. Require all managers to fill out and submit their evaluations before they walk into the room. Registering responses in this way ensures that all managers feel empowered to speak up, and opinions won’t be swayed based on the evaluation of whoever speaks first.
    2. Use a consistent rubric. Establishing key competency criteria will ensure that you evaluate each employee on the same job-relevant dimensions.  
    3. Stick to it. If the conversation strays away from the established competency criteria, steer everyone back to what is relevant. For example, if an employee’s personality is brought up, you can say “is this relevant to the rubric?”
    4. Have Bias Interrupters play an active role. Have a trained Bias Interrupter in the room who can take responsibility for ensuring that the conversation sticks to the established criteria.
  4. Writing an effective self-evaluation. Some people feel more comfortable with self-promotion than others. This partly depends on how you were raised: some people were taught to be forthcoming about their accomplishments. Others grew up with the “modesty mandate”—to be self-effacing and underplay their accomplishments.
    1. Individuals can Self-promote effectively by using the Writing an Effective Self Evaluation Guide, and handing it out to your reports (if you have them).
    2. Managers and organizations can level the playing field with respect to self-promotion by ensuring everyone knows they’re expected to do so and that they know how
    3. Offer alternatives to self-promotion. Encourage or require managers to set up more formal systems for sharing successes, such as a monthly email that lists employees’ accomplishments.

Identifying Bias in Performance Evaluations Guide
 
Bias Interrupters Tool Kit

The five patterns below describe tendencies not absolutes. Here’s what to watch out for:

  1. Prove-It-Again! (“PIA”) — Groups stereotyped as less competent often have to prove themselves over and over. “PIA groups” include women, people of color, individuals with disabilities, older employees, members of the LGBTQIA+ community, and first-generation professionals.
    1. “He’ll crush it”; “They’re not ready.” PIA groups are judged on performance, others on potential.
    2. “He’s skilled; she’s lucky.” PIA groups’ successes attributed to luck; majority men’s successes attributed to skill.
    3. “It could happen to anyone”; “She blew it.” PIA groups’ mistakes tend to be noticed more and remembered longer, whereas majority men’s mistakes tend to be written off.
    4. PIA groups get horns; others a halo. Horns=one weakness generalized into an overall negative rating. Halo=one strength generalized into a global positive rating. In addition, mistakes by one PIA group member may reinforce negative group stereotypes.
    5. “We applied the rule—until we didn’t.” Objective requirements applied rigorously to PIA groups—but applied leniently or waived for majority men.
    6. Little white lies. Women, people of color and people with disabilities tend to receive less specific and less honest feedback — meaning they aren’t given the opportunity to improve.
    7. Do only the superstars survive? Superstars may escape PIA problems that affect others.
  2. Tightrope — A narrower range of workplace behavior often is accepted from women, people of color, and members of the LGBTQIA+ community (“TR groups”). First-generation professionals and modest or introverted men can also face Tightrope problems.
    1. Leader or worker bee? TR groups face pressure to be “worker bees” who work hard and are undemanding…but if they comply, they lack “leadership potential.
    2. Modest, helpful, nice; dutiful daughter, office mom? Prescriptive stereotypes create pressures on women to be modest, mild-mannered team players—so “ambitious” is not a compliment for women and niceness may be optional for men but required of women.
    3. Direct and assertive—or angry and abrasive? Direct, competitive, and assertive in majority men may be seen as inappropriate in TR groups — “tactless,” “selfish,” “difficult,” “abrasive”. Anger that’s accepted from majority men may be seen as inappropriate or even threatening in TR groups.
    4. Office housework vs. glamour work. TR groups report less access to career-enhancing opportunities and more “office housework”—planning parties & cleaning up; taking notes & arranging meeting times; mentoring & being the peacemaker.
    5. “She’s a prima donna”; “He knows his own worth.” The kind of self-promotion that works for majority men may be seen as off-putting in TR groups. Modest men may encounter bias about how “real men” should behave. Strong modesty norms can make first-generation professionals, people of Asian descent, and women uncomfortable with self-promotion.
    6. LGBTQIA+ employees may be stereotyped as “too feminine,” “too masculine,” or just “too gay.” These kinds of judgement signal illegal discrimination under federal and state law.
  3. The Parental Wall can affect parents of all genders — as well as employees without children.
    1. “He has a family to support.” Fathers face expectations that they will not—or should not—take time off for caregiving. They may be seen as deserving more pay or promotion because of their family role.
    2. “Her priorities lie elsewhere.” Mothers are stereotyped as less competent and committed, are held to higher performance and punctuality standards—and are half as likely to be promoted as identical candidates without children.
    3. “I worry about her children.” Mothers who work long hours tend to be disliked and held to higher performance standards.
    4. “It’s not a good time for her.” Opportunities or promotions may be withheld on the assumption that mothers will not—or should not—want them.
    5. “No life.” Employees without children may face the assumption that they can always pick up the slack because they have “no life.”
  4. Tug of War — Sometimes bias creates conflict within historically excluded groups.
    1. Tokenism. If there is only one “token” woman or person of color on a team, they might be treated like they are only in the room to provide diversity, not expertise. Then, when it comes times for performance evaluations, they will get dinged for not having completed as many impressive assignments.

      Strategic distancing and the loyalty tax. People from historically excluded groups may feel they need to distance themselves from others of their group, or align with the majority against their own group, in order to get ahead. In performance evaluations, this might mean giving a lower rating to your own group members to avoid being accused of favoritis
  5. Passthroughs. PIA: People from historically excluded groups may hold members of their own group to higher standards because “That’s what it takes to succeed here.” Tightrope: Women or LGBTQIA+ employees may fault each other for being too masculine—or too feminine. People of color may fault each other for being “too white”—or not “white” enough. Parental wall: Parents may fault each other for handling parenthood the wrong way—for taking too much time off or too little.
  6. Racial Stereotypes.
    People of Asian descent are often stereotyped as passive and lacking in social skills; Black people as angry or too aggressive; Latino/a people as hotheaded or emotional.
Seven Powerful Bias Interrupters
  1. Give 3 pieces of evidence (from the evaluation period) to explain and back up your rating.
  2. Make sure to give everyone—or no one—the benefit of the doubt.
  3. If you waive objective rules, do so consistently.
  4. Don’t insist on likeability, modesty, or deference from some but not others.
  5. Don’t make assumptions about what mothers—or other caregivers—want or are able to do.
  6. If you comment on “culture fit,” “executive presence,” or other vague concepts, start with a clear definition and keep track to ensure such concepts are applied consistently.
  7. Give honest feedback to everyone who is evaluated—otherwise some groups won’t get notice of problems in time to correct them.

For more information on the subject, see Performance Management and Employee Evaluation.

Additional Resources

RESOURCES FOR DEVELOPMENT OF LAW FIRM PERFORMANCE REVIEWS:

There are several options for the development of performance review systems for law firms and other private entities/corporations. A few of those models can be found at the following sites:

OTHER RESOURCES ADDRESSING BIAS AND BIAS INTERRUPTERS: