Failure to Promote

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    HR professionals are all too familiar with the McDonnell-Douglas burden-shifting standard for establishing discrimination from circumstantial evidence. Under the standard, an employee presents a prima facie (minimally sufficient) case that he belongs to a protected class and suffered an adverse action. The employer then presents a legitimate...
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    The 6th Circuit recently reaffirmed that failure to train an employee can be an actionable form of discrimination. Facts Charles Reed, an African American, began working as a technician at Procter & Gamble's Tennessee plant in 1996. He was promoted to a technician 2 position in 1997 and became a technician 3 in 2003. Despite submitting the...
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    The Uniformed Services Employment and Reemployment Rights Act (USERRA) went into effect almost 20 years ago, and many states, including Maine, have passed companion legislation. When we think about USERRA and state law, most of us think about the right to job- protected leave. Generally, servicemembers are entitled to take a leave of absence for...
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    The 6th Circuit recently upheld a trial court's dismissal of a discrimination lawsuit after the former employee repeatedly failed to answer questions about her claims during her deposition. The court ruled that the employee failed to offer any facts to support her claims, despite the convenient return of her memory when she was faced with the...
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    The 6th Circuit recently upheld a trial court's dismissal of a retaliation case because the employee couldn't prove the employer's stated reason for her termination was a "pretext," or excuse, for retaliation. Facts Paula Brown worked for the Lexington-Fayette Urban County Government (LFUCG), issuing permits for heating, ventilation, and air...
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    Bad hiring and promotion decisions can plague a company for years and cost it dearly. A candidate who looks amazing on paper and performs well in the interview process may perform poorly when placed in a particular position. Alternatively, some candidates appear weak in an interview but would have been a diamond in the rough if they had made it...
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    Most of you are familiar with the Americans with Disabilities Act (ADA), the federal law that prohibits discrimination on the basis of disability. It's well-known that Title I of the ADA makes it unlawful for any employer with 15 or more employees to discriminate against a qualified applicant or employee because of a disability in any aspect of...
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    Most of you are familiar with the Americans with Disabilities Act (ADA), the federal law that prohibits discrimination on the basis of disability. It's well known that Title I of the ADA makes it unlawful for any employer with 15 or more employees to discriminate against a qualified applicant or employee because of a disability in any aspect of...
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    It's well-known that Title I of the Americans with Disabilities Act (ADA) makes it unlawful for any employer with 15 or more employees to discriminate against a qualified applicant or employee because of a disability in any aspect of employment (e.g., hiring, promotion, training opportunities). However, there's another provision of the Act that...
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    Whether an employee handbook can be considered a contract is frequently a subject of debate. Employees sometimes try to argue that the handbook is a contract that binds the employer to progressive discipline or other benefits of employment. For their part, employers generally take steps to avoid the determination that a handbook is a contract,...
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