Managers rarely tell employees they weren’t promoted because of their gender, race or age. Instead managers promote someone of a different gender, race or age, and argue the two employees are about equally qualified. Courts often accept this argument unless there is some other evidence to show discrimination.
In a recent case, a federal court of appeals held that the biased way the manager treated a woman was evidence he discriminated when he refused to promote her. For example, he took credit for her ideas, challenged her authority, belittled her in front of male colleagues, interrupted her while she was speaking, and became angry if she corrected him.
However, he did not treat men this way. He was described as respectful, deferential and complimentary towards men, even though their performance was not as good as the woman’s.
What this means to you: Pay attention to how you interact with all employees. Are you treating some differently than others? Different treatment is allowed for legitimate business reasons. But in general, if you treat all employees the same—respectfully—you won’t have to worry about a lawsuit. (Stoe v. Barr, D.C. Circuit, 2020)
Updated 08-10-2020
Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.