Performance Reviews and Protected Leave: Know Your Rights Before Year-End

As the year winds down, many employees prepare for their annual performance reviews—a process that often includes a self-assessment and managerial feedback. Ideally, this review reflects a year’s worth of progress toward clearly defined goals that are objective, achievable, and measurable.

But what happens when subjectivity creeps in? What if your performance rating is influenced by something unrelated to your actual work—like taking protected medical leave or requesting a reasonable accommodation?

Under federal and Washington State law, it is illegal for employers to penalize employees for:

• Taking protected leave (e.g., under the Family and Medical Leave Act or Washington Paid Family and Medical Leave)

• Requesting reasonable accommodations under the Americans with Disabilities Act (ADA)

This means your manager cannot legally lower your performance rating or deny a raise or promotion simply because you exercised these rights. Doing so could be considered retaliation or discrimination, which are grounds for legal action.

Performance reviews carry weight. They often determine:

• Promotions and raises

• Eligibility for bonuses

• Continued employment

If your review includes negative feedback tied to your use of protected leave or accommodations, it could have long-term economic consequences—and potentially violate employment law.

If your performance review contains information about protected leave or reasonable accommodation and if your manager penalized, you for taking protected leave or requesting a reasonable accommodation may have a claim to discuss with the Seattle Litigation Group.

The Seattle Litigation Group specializes in employment law, including discrimination and retaliation cases. They offer consultations and may help you assess your claim.