Employers that don’t post internal promotion opportunities are risking unnecessary lawsuits. The fact is, when jobs aren’t posted, employees can sue over the lost opportunity to apply.
And if you happen to pick someone outside the disappointed employee’s protected class, that may be enough to trigger expensive litigation.
Recent case: Grant Farmer, who is black, worked as a concession manager for Aramark at Citizens Bank Park in Philadelphia. He sued after the company created a newposition and hired a white applicant without posting the job.
He claimed that the job wasn’t posted because the company didn’t want him, a black employee, to apply.
Aramark tried to get the case dismissed, arguing it was speculative. But the court said Farmer had enough to get the case into discovery. (Farmer v. Aramark, No. 11-5621, ED PA, 2012)
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/30259/no-promotion-postings-youre-courting-a-bias-suit "
- No requirement to break up love triangles--but be prepared for workplace violence
- No simultaneous challenges in state and federal courts for workers' comp cases
- Alleged retaliation draws lawsuit for Dollar General
- Crisis management: Set smart policy before disaster strikes
- Employee or contractor? Degree of control is key factor