Sears, Roebuck & Co. has settled an age, race and gender discrimination complaint filed by a former employee in Oklahoma City.
Mary Johnson, who is black and over age 40, worked in loss prevention in several Sears stores starting in 1982. She alleged that she was passed over for promotion in 2007 in favor of a younger, white man with less experience.
After she complained internally and filed an EEOC complaint, Johnson alleged that Sears retaliated against her by changing the terms and conditions of her employment.
In 2010, she was passed over again in favor of another younger, white man.
That’s when Johnson sued Sears. The company terminated her soon after.
Sears did not admit it discriminated against Johnson, but did agree to pay her $100,000 and provide anti-discrimination training to its supervisors.
Note: When making promotion decisions, lay out a clear set of evaluation criteria before you identify possible candidates. Then use those criteria to select the best candidate for promotion. If you choose someone with less experience than other candidates, the law requires you to have a reason that is “job-related and of business necessity.”
- Former worker never should have been hired? You're not off the hook for discrimination
- Problem employee both brash and unskilled? Focus on performance issues when disciplining
- EEOC pushes effort to root out Hispanic harassment, discrimination
- OK to reject applicant who volunteers that disability can't be accommodated
- Barneys pays to settle racial profiling charges