Sometimes, employers rely on informal processes to fill open positions. That can be dangerous unless you make sure all employees know about the process.
Recent case: Patricia worked as a corrections officer and sued over alleged discrimination in promotions. But she hadn’t applied for any of them. She argued she didn’t have to because openings hadn’t been formally posted.
The court disagreed because she apparently knew exactly how to apply for each job even though they were not posted.
The court said to be excused from the specific application requirement, an employee must demonstrate that (1) the vacancy at issue was not posted and (2) the employee either had no knowledge of the vacancy before it was filled or attempted to apply for it through informal procedures endorsed by the employer. (Fox v. County of Yates, No. 15-2669, 2nd Cir., 2016)
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