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One saving grace helped defeat bias lawsuit: Employee never applied for the job

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in Discrimination and Harassment,Human Resources

A court has concluded that em­­ployees looking for promotions or transfers have to make reasonable efforts to apply for a job before they can sue. That’s true even if they were discouraged from applying—unless it was obvious that applying would be futile and therefore ­pointless.

Recent case: David, a hospital registered nurse, expressed interest in a transfer, asking a supervisor if she would consider him or train him for an open operating room position. David had no experience as an OR nurse and wasn’t qualified for the job without specialized training.

During the conversation, which took place in front of at least two other people, the supervisor told David that she wanted to fill the position with a woman in order to have the right mix of patients to staff, based on gender.

According to David, she said, “I hate to discriminate against you because you’re a man, but the doctors want more female nurses in the OR.”

She later...(register to read more)

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