How to raise discrimination red flags: Deviate from usual promotion policies — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
  • LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

How to raise discrimination red flags: Deviate from usual promotion policies

Get PDF file

by on
in Discrimination and Harassment,Human Resources

It doesn’t take much to get a lawsuit going. Employees just have to show what’s called a “prima facie case” that discrimination may be the reason why they weren’t promoted or failed to receive benefit of employment that was afforded to someone of a different race, sex or other protected characteristic.

That’s fairly easy to do. Something as simple as an employer not following its own promotion policies will do the trick.

Recent case: Bridget, who is not white, worked for the North Caro­­lina Department of Revenue. The agency has a set of policies that dictate how hiring and promotion decisions are supposed to be made.

When it created two new positions and appointed two white men to the jobs without following the policies, Bridget sued, alleging race and gender discrimination.

The court said all she had to allege to make out a prima facie case was that she was similarly qualified and never got a chance to win one of the jobs, as the policy called for. The court allowed her lawsuit to continue. (Taylor v. North Carolina Department of Revenue, No. 3:12-CV-860, WD NC, 2014)

Final note: The best way to avoid unnecessary and expensive litigation over promotions is to make the process transparent. Let employees know what they have to do to be considered for promotions. Announce each opening. List the minimum qualifications. Set an application deadline.

Note who applied, how well their qualifications matched the job requirements and why they were or weren’t selected.

{ 1 comment… read it below or add one }

Bridget Taylor December 13, 2016 at 4:03 pm

Thank you for the mention of my case versus North Caro­­lina Department of Revenue. I was sent your link by a former colleague following my case. I just wanted to mention that the jury ruled in my favor on this case.


Leave a Comment

Previous post:

Next post: