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Messed up? ‘Fess up! Honest mistakes aren’t evidence of bias

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in Discrimination and Harassment,Employment Law,Hiring,HR Management,Human Resources

Sometimes, it’s best to just come clean. Even the best HR pros make mistakes when promoting or hiring employees. When that happens, and another employee sues, alleging that the hiring or promotion process was tainted by discrimination, it may be a good idea to admit that mistake to the court or the EEOC.

Here’s why: Courts have ruled that employers can use a mistake as a legitimate reason for denying the employee who didn’t get the job or promotion if they didn’t know about the error at the time.

As the following case shows, confession may be good for the soul … and for the defense.

Recent case: Carolyn Upshaw, who is black, worked for Ford. The company had a strict promotion program based on performance ratings. Ford’s system included seven levels, ranging from “Outstanding” down to “Unsatisfactory.” “Excellent Plus” was the level just below “Outstanding,” followed by “Excellent.” Only those rated “Excellent Plus”...(register to read more)

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