It’s logical, right? When the same person who hired and promoted an employee eventually terminates that employee, there couldn’t have been any discrimination. After all, the hiring supervisor didn’t discriminate at selection time, so why would she discriminate at discharge time?
Unfortunately, employers can’t rely solely on this same-actor defense in court. Although this argument can be part of your defense, a judge won’t give it more weight than any other evidence. It won’t create a presumption that the employer didn’t discriminate.
Recent case: Nita White-Ivy hired Marietta Harvey as an HR representative at Pyramid Technology. White-Ivy headed the HR department at Pyramid. Both Harvey and White-Ivy are Filipina. White-Ivy promoted Harvey to HR manager a year later.
White-Ivy then moved on to Sybase, where she headed up the organization’s worldwide HR. White-Ivy then hired Harvey as an HR director, and repeated...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Have the supervisor or manager who did the hiring be the one to handle the firing
- Totally disabled employees aren't eligible for job accommodations
- Pay attention to timing when asking applicants to sign arbitration agreements
- Handling new hires or promotions from within, document every step of interview process