• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

Post all job openings to head off bias suits

by on
in Leaders & Managers,Management Training

Save yourself lots of trouble by posting all open positions and telling employees exactly how to apply.

When jobs aren’t posted and a member of a protected class misses out on a job opportunity, he or she can argue that the employer purposely hid the opening in order to exclude some individuals. If there’s a lawsuit, the employee just has to show someone in management knew he’d be interested in the opportunity.

But when jobs are posted, an employee who doesn’t apply has to show that it would have been futile to even try. That’s virtually impossible to prove unless the employer has a long history of discrimination.

Recent case: Keith Davis, who is black, worked for Waste Management. He claimed his supervisor knew he was interested in advancing his career.

When the company had a promotion opportunity, it posted the job for all employees to see. The posting specified that only those who officially applied would be considered. The announcement gave an application deadline. Davis didn’t apply.

Instead, he sued, alleging it would have been pointless to apply. Davis couldn’t explain exactly why he felt that way and didn’t point to any company practices that excluded black men from certain jobs.

The court tossed out the case. It reasoned that this was not one of the rare cases where employees can sue over promotion opportunities they didn’t apply for. Instead, it was clear to the court that Davis simply hadn’t followed directions and didn’t bother to apply. (Williams, et al., v. Waste Management, et al., No. 10-13121, 11th Cir., 2011)

Final note: Make sure employees know where jobs will be posted. If all employees have e-mail access, consider sending an all-staff e-mail.

Like what you've read? ...Republish it and share great business tips!

Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...

We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.

The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.

" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/13362/post-all-job-openings-to-head-off-bias-suits "

Leave a Comment