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Best way to stop failure-to-promote lawsuits: Include qualifications in job announcements

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in Discrimination and Harassment,Human Resources

Want to avoid unnecessary lawsuits over whether an applicant is qualified for a job opening or promotion opportunity? Then make sure your job announcement includes specific information about minimum requirements so that those don’t become the basis for a lawsuit.

For example, if a particular performance review score is required for promotion, say so. Don’t pull out that score later as a reason the applicant wasn’t picked.

Recent case: Peter was age 61 when he inquired about a promotion at the Harris County Hos­­pi­­tal. He worked as a patient care associate I when a promotion to patient care associate II was announced.

Peter claims he went to speak with his boss about the promotion and was rebuffed because of his age. Peter alleged that his supervisor told him he was “too old” and that the person who would be managing him was “not comfortable” because Peter was “too much older” than the supervisor. Two substantially younger ...(register to read more)

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