You’ve documented the poor performance. You’ve been careful to keep things professional, even as you’ve concluded you’ll probably have to fire the employee. Then he files a discrimination complaint. Avoid the temptation to speed up the usual disciplinary process.

Most jobs can be quantified. That is, it’s possible to measure success on the job by tallying how much an employee produces in a given period—whether that’s widgets, reports, new clients or sales. By using such objective measures to decide who is terminated, employers have powerful evidence to counter discrimination claims.

The ADA requires employers to try to find reasonable accommodations so disabled employees can perform the essential functions of their jobs. It’s up to employers to determine which functions are essential. Courts rarely second-guess employers that follow a few simple rules when a disabled employee challenges the employer’s list of essential functions. The factors courts consider are:

Anything less than a completely honest performance appraisal will only cheat the employee out of personal development, plus it could set the stage for a discrimination lawsuit. Here are eight important do’s and don’ts:

It’s up to employers to determine which job functions are essential and which are not. When a disabled employee challenges an employer’s list of essential functions, courts generally won’t second-guess the employer if the list of functions passes muster against a few simple guidelines. When deciding whether job functions are essential, courts consider these factors:

Economic times remain tough, and businesses are still finding they have to cut costs to survive. And cutting costs often means looking at a possible reduction in force. In most organizations facing that difficult prospect, a team of managers has to decide where the cuts should be made and what criteria to use when making those cuts. Make sure the decision-making team doesn’t have access to information about FMLA usage ...

Here’s another good reason to meticulously track performance: If you end up firing or demoting someone without good documentation, you may end up in court. Bad timing alone could trigger a lawsuit if the employee engaged in some sort of protected activity just before the action.

At real estate settlement firm Title Source, President and CEO Jeff Eisenshtadt doesn’t care who’s right. He cares what is right. Around the office, Eisenshtadt has posted signs containing what he calls “isms”: They’re the words of wisdom that he expects his employees to live by—and that he uses during their evaluations.

As the economic downturn trudges on, many workers are struggling with household budgets. In fact, six out of 10 recently surveyed workers said they live paycheck to paycheck. Savings rates are dropping and retirement funds are drying up. Here's how HR can provide genuine help—without adding budget costs.

A reader of The HR Specialist Forum asks: “What can I do about a data entry employee who doesn’t sit upright? I don’t mean ordinary slouching; this guy practically lies down in his chair! I’ve offered him a new chair, but he says he’s fine. I’m in charge of safety and I’m trying to prevent an injury claim. Can we reprimand him?”

Goldilocks could relate. For some, offices are too hot, while others are too cold. Only half say the temp’s just right. After you’ve separated workers who battle for control of the thermostat, what’s the best way to stop flaring tempers and cold shoulders at work? Hint: Layers.

Q. Do we have to conduct regular performance appraisals and give annual increases? We told a new hire that we would, but now don’t have time or money to do so.

Employees returning from military service are entitled to come back to their old jobs, and they have other limited job protections, too. But those protections don’t mean employers can never discipline or demote employees who have been serving in the armed forces. Just make sure you’re doing so for legitimate business reasons, such as documented poor performance.

Maybe it’s that the screen of a BlackBerry is just too small to read—or maybe the eyesight of your aging workforce is beginning to dim. As screens get smaller and employees spend more time looking at them, encourage employees to have their eyes checked regularly.

Under the ADA, employers aren’t allowed to subject employees to medical tests unless they can prove that the examinations are job-related and consistent with business necessity. However, they can ask employees to perform agility tests. The line between the two is difficult to find. But get it wrong, and you may have an ADA discrimination case on your hands.