Court nixes ‘sham’ job-offer argument — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Consider this scenario: An employee lodges a complaint that her sex or race kept her from being promoted. Shortly after, you offer her an opportunity for advancement. She then turns around and sues, alleging that the offer was a sham.

Fortunately, courts are rejecting such arguments.

Recent case: Dolores Chivers, who is black, applied for a job at a Walmart store. Her interviewer suggested she also apply for the management training program because she had a business-related college degree. But Chivers wasn’t picked for the program and complained that the reason was race or sex discrimination.

Then Chivers was offered several management positions at other Walmart stores. She turned them down and then sued, alleging that the chain had made the offers only to kill her potential discrimination lawsuit.

The court disagreed and dismissed the case. (Chivers v. Wal-Mart, No. 08-5281, DC MN, 2010)

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