Discrimination claims based upon an employer’s failure to promote or hire remain among the more difficult claims for employees. As discussed in the recent case of Nunn v. NHS Human Services, No. 13-cv-3140, 2015 U.S. Dist. LEXIS 74176 (E.D. Pa. June 9, 2015), in the U.S. District Court for the Eastern District of Pennsylvania, employees seeking to demonstrate discriminatory animus must demonstrate both comparable qualifications to the selected candidate and pretext in the decision-making process.
Restructured HR Department
Sabrina Nunn, an African-American female, had worked for NHS Human Services Inc. for about 18 months when, in mid-2010, the company announced that it would be restructuring its human resources department, according to the opinion. At the time, Nunn was working for NHS as its corporate senior director for HR information systems/HR projects. In that role she primarily managed NHS’s HRIS system (Kronos). She supervised two employees. Before joining NHS, Nunn had worked for 14 years for various companies—primarily managing HRIS systems. Nunn’s final pre-reorganization evaluation was overall “superior”—with the caveat that she had “issues with teambuilding” and in her “interpersonal skills,” the opinion said.
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