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)