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Making Fair And Lawsuit-Free Promotion Decisions

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in Human Resources

When an employer makes a promotion decision between candidates who have similar qualifications, the courts will not second-guess the decision unless: 1) the passed-over employee is clearly better qualified, or 2) there is other evidence of discrimination in the decision-making process.


Case in point: An African-American employee filed a Title VII race discrimination lawsuit after he lost out on a promotion to an open supervisory position to a white employee. The black employee claimed that his supervisory experience showed that he was better qualified than the white employee, who did not have direct supervisory experience.


However, there were other differences in their qualifications. According to his supervisor, the black employee resisted national oversight, refused to accept responsibility for his mistakes, was not a team player, and lacked adequate legal knowledge. The white employee, on the other hand, ...(register to read more)

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