Case Study: Potential Discrimination Claim Averted.
A regional distribution company successfully survived a discrimination charge by a minority employee who was not awarded a promotion for which she applied. Did the company have a right to choose who was best qualified for a promotional opportunity within the company? When faced with a charge of discrimination from a minority employee who was not promoted what steps should be taken?
Luckily the company owner already had brought in HR FOR HIRE, Inc., so many protective policies were already in place. An HR Audit had already been conducted and some of the recommendations had been implemented. A strong Employee Handbook was already in place. Legal Job Descriptions had been developed specifying what the essential functions of the position were. Management Personnel conducting the interviews had been trained in what can and cannot be asked of candidates and the interview questions were all job related. When the Charge of Discrimination was made, management immediately contacted HR FOR HIRE and a representative did a fair, thorough and timely investigation. The employee who had made the Charge was interviewed and communicated as to why some other employee was awarded the promotion.
We carefully investigated the Charge and were able to communicate the differences between the backgrounds and experience of the candidate who was chosen for the promotion. We also worked with the unsuccessful candidate and suggested ways that person could increase their skill sets, so if another promotional opportunity arose they would be better positioned to present a stronger candidacy. By already having a number of policies and procedures in place and conducting a legitimate investigation we were able to have the individual understand the promotional decision was fair and correct. We were able to successfully defuse the situation with no external charges made to Government Agencies or Claimant Attorneys. HR FOR HIRE, Inc. can lessen the potential of discrimination charges within your company by identifying potential areas of Employment Law liability and putting policies in place to lessen the potential of Charges.