Failure to develop promotion procedure appears discriminatory. (Discrimination in General).(Brief Article)

The best way to verify that supervisors are making fair promotion and hiring decisions is to have clear procedures that are followed regularly. A recent case shows that failing to have such procedures could lead to discrimination complaints.

An employee sued his employer for failing to promote him over the less-qualified candidate who was hired. He claimed the decision was based on race. The employer asked the court to dismiss the case without trial, because the employee had never applied for the job. While this would usually undermine an employee's discrimination claim, the court said that this situation was different. The employee was able to show that the employer …