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Promotions
posted at 10/4/2012 1:35 PM EDT
on Workforce Management
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Posts: 2
First: 10/4/2012 Last: 10/11/2012 |
Our recently appointed Manager seems to be disqualifying experienced job candidates in favor of promoting lesser skilled employees. Although structured interviews are conducted they seem to be an ineffective tool as the final decision belongs to the departments Manager. Applicant's possessing specified job criteria are not selected as candidates missing the positions preferred requirements are promoted. This selection process appears as favoritism to the employees and is causing some issues within our work force. Can this practice become the basis for a discrimination complaint in the future? |
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Re: Promotions
posted at 10/4/2012 2:33 PM EDT
on Workforce Management
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Posts: 173
First: 9/29/2011 Last: 2/11/2013 |
Almost anything can be a basis for a discrimination complaint. Selecting candidates is inherently discriminatory since one is being preferred over several other candidates. The question would be whether or it's illegal discrimination, eg the basis for the discrimination is a protected characteristic. For example, if the more experienced candidates being disqualified were mostly female and less experienced males were being selected instead, that could be easily be the basis for a complaint for illegal discrimination since gender is a protected characteristic. |
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Re: Promotions
posted at 10/4/2012 3:41 PM EDT
on Workforce Management
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Posts: 2
First: 10/4/2012 Last: 10/12/2012 |
The candidates are typically male in this industry. The job description list previous management experience in addition to a number of technical abilities as being the preferred criteria. However, candidates meeting the job posting requirements typically have 15 to 20 years more experience than the selected candidates. The discrepancy is noticeable. |
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Re: Promotions
posted at 10/4/2012 6:16 PM EDT
on Workforce Management
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Posts: 4
First: 6/4/2012 Last: 12/6/2012 |
There is nothing inherently wrong with promoting from within; in fact, it is often a wise business decision to reward good employees by promoting them. It's only a problem if the employee isn't qualified to do the new job. If your managers are regularly promoting staff members into positions they're not qualified for, it could be more than just a potential discrimination problem. You could end up with workers who can't do the job, and that isn't good for anyone. HR should be open to the idea of promoting from within, but should also insist that all candidates - internal as well as external - should be qualified for the position before they could even be considered for it. Your managers can't argue with something as basic and sensible as that. Good luck. |
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Re: Promotions
posted at 10/5/2012 5:33 AM EDT
on Workforce Management
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Posts: 147
First: 9/21/2011 Last: 2/12/2013 |
More experience usually means "older"...therefore, you might have an issue with age discrimination. |
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Re: Promotions
posted at 10/5/2012 9:39 AM EDT
on Workforce Management
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Posts: 173
First: 9/29/2011 Last: 2/11/2013 |
Mike: Also note that past performance history will be taken into account. I could easily envision a highly rated employee with 10 years of experience being selected over a less highly rated employee with many more. As endlesssummers notes above, there is a potential for a claim based on age discrimination in a case such as this. The company would certainly need to have ample documentation to defend such a claim. |
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Re: Promotions
posted at 10/11/2012 2:02 PM EDT
on Workforce Management
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Posts: 2
First: 10/4/2012 Last: 10/11/2012 |
In Response to Re: Promotions: More experience usually means "older"...therefore, you might have an issue with age discrimination. What training did the recently appted manager get? Has he interviewed/hired before? Is he younger than most of the experienced workers? I would ask him what is attracting him to the less experienced ones. Could be that they have more energy, more willingness to learn new ways, etc. But until you know the WHY it's hard to tell if it is illegal discrimination or not. And anyone can file a discrimination complaint, so I would have my ducks in a row and solve it now rather than waiting. Posted by rrupert The manager has been with the company for 27 years. The job specifications list preferred characteristics as previous supervisory or leader experience. The posting also requires applicants to have completed and passed a supervisor assessment test. Additionally, applicants are to demonstrate proficiency in Microsoft Word and Excel as verified by standardized tests. None of the required evaluations and assessment have been given to recent applicants. Previous applicants were required to follow all specified criteria and tested off site. The difference being lesser skilled applicants can now be selected without meeting the postings preferred or required skill sets. This is an issue with the tenured employees who have demonstrated these capabilities. It would seem the manager is exhibiting favoritism towards the under qualified applicants and by passing structured guidelines. |
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Re: Promotions
posted at 10/11/2012 3:22 PM EDT
on Workforce Management
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Posts: 174
First: 9/20/2011 Last: 2/11/2013 |
In Response to Re: Promotions: In Response to Re: Promotions : The manager has been with the company for 27 years. The job specifications list preferred characteristics as previous supervisory or leader experience. The posting also requires applicants to have completed and passed a supervisor assessment test. Additionally, applicants are to demonstrate proficiency in Microsoft Word and Excel as verified by standardized tests. None of the required evaluations and assessment have been given to recent applicants. Previous applicants were required to follow all specified criteria and tested off site. The difference being lesser skilled applicants can now be selected without meeting the postings preferred or required skill sets. This is an issue with the tenured employees who have demonstrated these capabilities. It would seem the manager is exhibiting favoritism towards the under qualified applicants and by passing structured guidelines. Posted by MikeOzbun Why is this manager not required to follow the prior system that yielded satisfactory results? Have you discussed the results with him? The answer to your original post is yes. A prima facie case can be made if over age 40 folks are consistenly excluded......... |
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Re: Promotions
posted at 10/12/2012 7:37 AM EDT
on Workforce Management
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Posts: 2
First: 10/4/2012 Last: 10/12/2012 |
In Response to Re: Promotions: More experience usually means "older"...therefore, you might have an issue with age discrimination. What training did the recently appted manager get? Has he interviewed/hired before? Is he younger than most of the experienced workers? I would ask him what is attracting him to the less experienced ones. Could be that they have more energy, more willingness to learn new ways, etc. But until you know the WHY it's hard to tell if it is illegal discrimination or not. And anyone can file a discrimination complaint, so I would have my ducks in a row and solve it now rather than waiting. Posted by rrupert I would appreciate your opinion, The manager has been with the company for 27 years. The job specifications list preferred characteristics as previous supervisory or leader experience. The posting also requires applicants to have completed and passed a supervisor assessment test. Additionally, applicants are to demonstrate proficiency in Microsoft Word and Excel as verified by standardized tests. None of the required evaluations and assessment have been given to recent applicants. Previous applicants were required to follow all specified criteria and tested off site. The difference being lesser skilled applicants can now be selected without meeting the postings preferred or required skill sets. This is an issue with the tenured employees who have demonstrated these capabilities. It would seem the manager is exhibiting favoritism towards the under qualified applicants and by passing structured guidelines. |
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