Your best defense to a failure-to-promote claim is proof that you posted the job but the employee never applied. But how do you prove that? With a policy that requires posting all internal openings and also requires employees to express their interest by actually applying ...
- Turnabout is fair play: Employers may be able to sue for frivolous lawsuits
- Bad bosses? Probably. Were they racist? No
- Older worker's performance falling? Document the decline before discharge
- Race bias: Do the math ... or the EEOC will do it for you
- During lawsuit proceedings, Don't inquire about employees' immigration status