Some employees believe they should be considered for a promotion just because they have the same job title as another employee being considered. But that’s not the case if the employees have different experience levels.
For example, recent retirees may take entry-level jobs for which they are “overqualified.” When a promotion opportunity opens, their employer may be eager to use their talents more fully.
Recent case: Housing code inspector Hans Julceus, who is black, was passed over for a promotion in favor of a white inspector. He sued, alleging race discrimination.
But his employer showed that the white inspector had years of experience at other jobs and in , making him the superior candidate by far. The court tossed out Julceus’ case. (Julceus v. City of North Miami, No. 08-23348, SD FL, 2009)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 10 Secrets to an Effective Performance Review
- Did employee file small claims case? You may get later lawsuit tossed
- How International Conflict Breeds Domestic Employment Laws
- Say no to accommodations if 'disability' barely scratches the surface of credibility
- You can be liable for worker's online slur