Consider this scenario: An employee lodges a complaint that her sex or race kept her from being promoted. Shortly after, you offer her an opportunity for advancement. She then turns around and sues, alleging that the offer was a sham.
Fortunately, courts are rejecting such arguments.
Recent case: Dolores Chivers, who is black, applied for a job at a Walmart store. Her interviewer suggested she also apply for thetraining program because she had a business-related college degree. But Chivers wasn’t picked for the program and complained that the reason was race or sex discrimination.
Then Chivers was offered several management positions at other Walmart stores. She turned them down and then sued, alleging that the chain had made the offers only to kill her potential discrimination lawsuit.
The court disagreed and dismissed the case. (Chivers v. Wal-Mart, No. 08-5281, DC MN, 2010)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 10 Secrets to an Effective Performance Review
- WMI hit with overtime suit contesting break practices
- Don't editorialize about merits of employee complaints
- Good news: Courts more willing to throw out class actions for break violations
- Are you doing enough to stop employee identity theft?