When an employee complains about some form of discrimination, review the record to help you assess the claim. For example, if the employee says he didn’t get a promotion because his female supervisor favors women, looking over her promotion practices won’t take long and can reassure you that the employee has no case.
Recent case: Wildfred Wharff claimed that his female supervisor promoted women more often than men—to the tune of 80% of the time. But when HR looked at all promotions the supervisor had recommended over recent years, the result was actually that she had promoted men 50% of the time.
Wharff sued, but got nowhere when the employer showed the court its analysis. (Wharff v. State University of New York, No. 09-4524, 2nd Cir., 2011)
Final note: When checking for gender bias in promotions, weigh your record against the actual proportion of men and women in the potential candidate pool.
- Public employers aren't immune to FMLA reinstatement requirements
- Dazzle your managers with 'constructive disagreement'
- Track discipline to ensure equal treatment for equal offenses, regardless of protected class
- Don't punish religious principles for non-job-related reasons
- Follow promotion rules to stop unexpected suits