Paula Casamento had worked for years in a variety of functions for Boston’s mass transit agency, but wanted to be promoted. When the agency posted a new supervisory position, she applied.
A male employee had been performing most of the new job’s functions for several years. After several outside candidates applied, the agency decided to rescind the job opening and have the man continue unofficially performing its duties.
Casamento sued for sex discrimination. Because she is female, was qualified, and the person performing the job was male, she met the first three requirements for a successful sex discrimination suit. In the end, however, she couldn’t prove the fourth key element: actual evidence of sex discrimination. Casamento couldn’t point to any statistics showing male-female disparities or statements indicating sex bias. The court threw out her case. (Casamento v. MBTA, No. 06-10181, DC MA, 2008)
Advice: Think through the ramifications of posting a not-so-essential position. The agency could have avoided the time and expense of defending a lawsuit if it hadn’t posted the position in the first place.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/5383/think-twice-before-posting-withdrawing-job "
- Remove bias suspicion: Make firing a group decision
- Strength in numbers: Lawsuit-proof your hiring process with double-team interviews
- Does FMLA require leave to care for grandchildren?
- Employees filed job-discrimination complaints with EEOC in near-record numbers last year
- Don't let office romance poison workplace; third parties can sue