Recent case: William Tsai, who is a native of Burma (now Myanmar), frequently filed grievances against his employer, tallying up 30 such complaints. He also filed four discrimination complaints with the EEOC. He settled all the legal actions and received $10,000, a raise and a transfer to another division.
A year later, he asked to apply for reclassification to a higher pay grade. His supervisor approved his request.
The agency then analyzed his position using a standard process referred to as the position appraisal method (PAM). PAM uses eight neutral factors such as experience and job responsibilities to decide whether a job is properly classified. The agency said the position was correctly classified.
Tsai sued, alleging retaliation for bringing the earlier complaints.
The court tossed out his case, reasoning that by using neutral factors, there was no way the agency could allow discriminatory motives to influence the process. (Tsai v. Maryland Aviation, No. 07-1511, 4th Cir., 2008)
Final note: Objective factors are those that can easily be quantified and categorized, such as educational attainment, years of experience, job responsibilities held and training achieved. Subjective factors are subject to interpretation and include soft measures such as “loyal” and “team player.” The more objective factors you use, the better.
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/8726/stick-with-objective-assessments-to-ensure-your-processes-arent-swayed-by-bias "
- One wrong word can launch a lawsuit: Warn bosses about the danger of ageist comments
- Know the leave factors to consider when the FMLA and the ADA might both apply
- Reading couple sues city for age bias, harassment, retaliation
- Classifying income earned by bond funds
- Come down hard on supervisors: No telling employees to drop discrimination complaints