Daily Labor Report®

Case: Discrimination/Promotion (D. Md.)

Nov. 19, 2019, 2:16 PM

A black restaurant Server Trainer may proceed with her claim under 42 U.S.C. § 1981 that she was denied promotions that went to white employees, even though she didn’t apply for the positions. Her allegations that the white employees were promoted on an informal basis without her receiving the opportunity to be considered for them, even though she had expressed an interest in a promotion and had been told by an owner/manager that she would be promoted, suggest that the restaurant had an informal and opaque promotional system and, under such circumstances, she need not to have applied to a...

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