samedi 19 janvier 2019

Promotion: Using a Promotion to Quell a Lawsuit

My question involves labor and employment law for the state of: New York

Very large employer. In my division there was a position posted for a next step promotion, I'm keeping the title vague but the promotion is to the next logical rung in the ladder.

There were 5 positions. On a certain day this month the 5 candidates who got the position were posted. One of these candidates was so absurd that got the promotion there was an audible gasp in the crowd. This person has had numerous peformance, attendance and communication issues in the last 6 months. In the entire field of candidates who did not get the position there are at least 10 others who are clearly better candidates.

It was found that the employee in question had a sex discrimation case filed against the company and the managers of the department. The day the promotion was announced, the case was withdrawn (this is not speculation, its available online).

Is this discrimatory against those who applied for the position who did not get it? In my view the company gave this person special consideration not available to any of the other candidates.

Thank you in advance,


Promotion: Using a Promotion to Quell a Lawsuit

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