Takeaway: This case clarifies that an employee must apply for a position in order to claim that she was not selected for it. At the same time, another court might find it more persuasive that a conversation with a manager about applying for a position was a step in the application process. Employers might consider formalizing a requirement that employees submit an application or otherwise formally declare interest in a position in order to be a candidate for it.
The U.S. District Court for the Southern District of New York granted summary judgment to an employer on a failure-to-promote discrimination claim brought by a former employee. The court held that the plaintiff failed to meet her evidentiary burden to demonstrate that she applied for the position at issue and failed to present sufficient evidence to raise an inference of discrimination.
The plaintiff, a Black woman, worked for six years in the marketing department at a wine and spirits company. She had prior management experience and had supervised small teams in a senior manager role and received reasonably high performance evaluations for her work. The defendant had posted a position for a higher-level director position, which included requirements of at least 10 years of experience and a demonstrated ability in leading teams.
The plaintiff asked her manager, a vice president at the company, whether the plaintiff was qualified for the director-level position. The vice president responded that she did not "see...
"The election poster for a Reform Party candidate running for Seoul's Gwangjin District Council is written entirely in Chinese. Is this China?" says part of a Korean-language Facebook post shared ...