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
- Update job descriptions regularly to include new duties & essential functions
- The 6 biggest retention mistakes ... and how to fix them
- Leadership lesson: Why lead when you can slink away?
- Don't bait worker into insubordination; It'll smell like bias