W2 Issues/Concerns


Check out our weekly blog posts and see the latest news and discussions happening in the HR world of business.

Lawsuit Highlights Pitfalls of Gender Bias in Promotion Decisions

A recent lawsuit filed by the US Equal Employment Opportunity Commission (EEOC) underscores the need for companies to not base promotion decisions on an employee’s gender, especially if said employee is pregnant!

In the case, the EEOC claimed that a female employee at Maryland-based Dimensions Healthcare System was discriminated against after the company chose to promote a less-qualified male employee to a management position. Further, this man had less than two years of entry-level experience with the company and had previously been disciplined for attendance issues. The plaintiff, meanwhile, had been with the company for more than seven years, two of which was spent as a team lead experiencing managing several team members and performing various human resources tasks. However, the plaintiff had also been out on maternity leave from January to April 2014.

According to the EEOC, Dimensions vice president, Judy Selvage, told the plaintiff that they had considered her for promotion but she had been “on maternity leave for a while.” In fact, as part of the case, the agency suggested that evidence unearthed as part of the investigation suggested that Selvage had a pattern of discriminating against women who took maternity leave.

As part of a two-year consent decree reached in the case, Dimensions Healthcare System will pay $125,000 to the plaintiff and is also enjoined from failing to promote based on sex. In addition, the company will revise its job posting and internal transfer policy to implement a clear, non-subjective promotion policy and make clear that the healthcare provider does not discriminate based on sex, pregnancy or maternity leave. In addition, the company’s HR department is required to monitor for compliance, as well as provide anti-discrimination training to all managers, supervisors and HR reps.

Bottom line? Select for promotions based on employee performance, not on employee gender!

Post a Comment

Your email address will not be published. Required fields are marked *

HR Managers: Discover how to effectively tackle business challenges with a PEO
Small Business: Discover how Abel HR can help your business.

Featured BLOGS

  • Your Employees are the People in the Neighborhood

    Giving back to the community is an important aspect of being a business owner. In addition to encouraging your employees to support local causes, you can also give back in a significant way by supporting your employees who volunteer in the area, such as volunteer firefighters, first aid squad members and others. Did you know that having these employees as part of your business can actually boost your bottom line (and contribute to a more pleasant work environment)? Supporting employees who choose to volunteer can also make you a more attractive employer, opening your business up to a better caliber

  • How is the Cannabis Landscape Affecting HR?

    Thirty-three states and the District of Columbia have taken steps to decriminalize the use of marijuana. While 10 states—Alaska, California, Colorado, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont and Washington—and our nation’s capital have adopted laws legalizing recreational cannabis use, the other states have only loosened the laws to allow for the use of medicinal marijuana (see where your state stands on this interactive map). It should be noted, however, that marijuana use—even for medical purposes—remains illegal at the federal level (and federal laws trump state laws…more on that in a minute). While the data is a bit murky in terms


FSA | Commuter New Employee Abel Portal Time Clock