If you want a job, you have to apply for it. If you want a promotion, you have to apply for it. If you want to sue an employer for discrimination in hiring or promotions, you probably should have applied, too, right?
Yet that common-sense prerequisite doesn’t stop some workers from filing hiring-bias lawsuits before they bother submitting an application or telling anyone they’re interested in a promotion.
Fortunately, they rarely win.
Absent some direct evidence that an employer routinely rejects applications of a protected class, failure to complete an application or express interest in a promotion bars such a lawsuit.
Recent case: Andrea Weathers a nontenured professor at the University of North Carolina at Chapel Hill, believed discrimination would prevent her from achieving tenure. So she never bothered to submit her application.
Still, Weathers sued, saying it would have been futile to apply. But she didn’t have any proof to back that statement. The university won a dismissal because she missed the application deadline. (Weathers v. University of North Carolina, No. 10-2379, 4th Cir., 2011)
Final note: Non-applying employees could still file hiring-bias lawsuits if they face blatant, overt discrimination. Examples: a sign reading “Women need not apply,” or a want-ad seeking “young, energetic” workers.
Review all hiring material for indications that you’re seeking only a particular kind of employee.
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/28911/court-applicants-must-apply-first-before-they-sue-for-hiring-discrimination "
- Accept public funds? Then don't use religion as basis for making employment decisions
- Establish clear performance expectations so courts can judge if employee was meeting them
- Add a little charm to your arsenal
- Beat bias suits with good business reasons
- Accommodate disabled workers, but don't accept mediocre job performance