Here’s an easy fix for a potentially big problem: Post all promotion openings.
If you do, only employees who actually apply can take you to court. That can save thousands in legal fees and lost productivity. It also signals to employees that you value them and encourage equal opportunity.
On the other hand, if you don’t post promotion opportunities, employees you never considered promoting can sue.
Recent case: Longtime employee Sandra Culver quit in a huff after a male colleague got a promotion she believed she was qualified for. The company didn’t post promotion opportunities, so Culver never knew about the opening.
She sued, alleging sex discrimination. The company said the case should be dismissed, arguing that it couldn’t discriminate in hiring if Culver never applied for the job.
The court disagreed. It said that when employees have no way of knowing about promotions, they can sue over a missed opportunity. (Culver v. CCL Label, No. 10-5353, 6th Cir., 2012)
Final note: Culver ultimately lost her case, but not until the company spent big bucks on legal fees and lost time. Her case even went up on appeal, a very expensive process. In the end, Culver couldn’t prove she was, in fact, as qualified as the male co-worker who got the promotion.
- Add civility code to prevent avoidable lawsuits
- Courts lose patience with hypersensitive employees
- Fired disabled worker receives $40K from American Apparel
- Applicant has solid work history? That's a legitimate reason for promotion
- Examine actual job duties--not job descriptions--to determine if jobs are truly equivalent