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)
- Human Rights law now allows fines for employment bias
- Don't be intimidated by sudden disability claim during discipline
- No adverse action means no constructive discharge
- EEOC starts cracking down on teen-employee harassment
- Address harassment complaint with thorough investigation—and quick action to fix problems