It’s up to worker to ask about status of promotion

In a win for employers, the 3rd Circuit Court of Appeals has ruled that an employee cannot wait years before suing about a promotion that never materialized.

Recent case: Darlena applied for a promotion from a rank-and-file position into management in 2009. She never heard back and the position went unfilled. In 2012 the job opened again, and she applied and was promoted. It was then she suspected her former supervisor had put the original job on hold to punish her.

Darlene sued over the old promotion. But the court said she had missed her filing deadline by several years. She argued she hadn’t known why the job had been on hold until later. The court, however, said she was obligated to ask about the opening much earlier. The case was dismissed. (Clarkson v. SEPTA, 3rd Cir., 2017)