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How to Prevent Job Promotion Lawsuits

Effective measures to prevent litigation arising from job promotion decisions is to communicate your recruitment and selection policies to hiring managers and ensure your recruiters and employment specialists are following equal opportunity protocol. Specific steps to preventing job promotion lawsuits range from maintaining up-to-date employment records to implementing an equal opportunity promote-from-within policy or succession plan that focuses on training and employee development.

Instructions

    • 1

      Review human resources record-keeping policies to ensure personnel files are updated regularly and periodically audited for completeness and accuracy. Establish guidelines for recruiters, employment specialists and records custodians to follow up on every employment action. Employment actions range from hiring new employees to providing training for existing employees.

    • 2

      Develop a succession plan. Start with an organizational chart that contains details about the current workforce, such as tenure, credentials and professional development. Review employee resumes and qualifications, as well as professional goals outlined during performance appraisals. Identify high-potential employees through extensive management reviews and individual manager-employee conferences.

    • 3

      Train supervisors and managers how to recognize in-house talent, motivate employees and encourage them to seek promotional opportunities. Conduct refresher leadership training on topics specifically related to the use of fair employment practices in identifying high-potential employees. Encourage leadership involvement in activities that broaden their understanding of workforce demographics to include concepts beyond traditional workplace diversity. Explore generational diversity, for example.

    • 4

      Audit your recruitment and selection processes to determine if recruiters and employment specialists are following equal employment opportunity practices in posting and advertising job openings. Determine placement of internal job postings -- ensure job vacancies are posted in common work areas where all employees can see them. Explore the possibility of advertising job vacancies in the company newsletter and on the company intranet.

    • 5

      Modify your applicant tracking system for online job applications from current employees. Streamline the internal application process. Ask your Internet technology specialist to reconfigure employee self-service modules to give all employees access to internal postings and application processes. Extend work hours for recruiters and employment specialists to accommodate the schedules of employees available for interviews outside normal business hours.

    • 6

      Schedule regular sessions for job skills training and professional development programs. Publish the dates and times well in advance so employees have enough time to adjust their work schedules or reschedule personal commitments. If necessary, engage training experts to provide specialized continuing education or credentialed training to employees.

    • 7

      Offer feedback to employees who apply and unsuccessfully interview for promotional opportunities. Design feedback sessions that include resume critique, interview techniques and professional goal-setting strategies.

    • 8

      Create a spreadsheet for human resources departmental use following every promotion decision. List candidates' qualifications, identify whether candidates are internal or external applicants, indicate the number of interviews, panel interviews and interview results. State any tiebreaker circumstances, such as internal applicants' performance records versus external applicants' achievement records.

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