We’ve said it before, we’ll say it again: The best defense against a discrimination lawsuit is a pile of documents showing what you decided and why.
For example, if you are sure an employee isn’t qualified for a promotion, document those reasons at the time you make the decision. Don’t wait until he or she sues.
Recent case: A bank hired Ali in August 2001 as a part-time customer service specialist. He was 63 years old. Over the next decade, he received various awards and commendations for his work, occasional promotions and annual raises.
Finally, he became an operations specialist, with authority to approve immediate access to deposits of up to $25,000.
Ali apparently wasn’t comfortable with that authority because he routinely asked superiors to review his decisions before implementing them. This reluctance to use his authority began to show up in his (register to read more)as an area that needed improvement. It was necessary...