Question:

Employee refuses to work of a manager promoted on an "affirmative action" agenda?

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If an employee insists on not working for any manager that has been "promoted due to an affirmative action program", how should the be treated? If he quits and claims discrimination over a promotion, what is the recourse?

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  1. The employee can be fired for insubordination. If it can be shown that the employee refused to complete his/her job duties for whatever reason, then no lawsuit, no unemployment benefits.

    If he quits then claims discrimination, he had better have rock-solid evidence that he was the more qualified person according to the requirements of the promotion. Given that this is probably different across positions and across companies, and it also factors in personal things, it would be nearly impossible.

    And what kind of company would announce that? "Please welcome the new manager of our department, who got the job through affirmative action"? Otherwise, how would you prove that was the reason?


  2. He should be terminated.  If he claims discrimination in that he should have gotten the promotion, he should seek out an employment lawyer.

  3. It sounds like a perception problem. If employe A is promoted and employe B isn't happy, it sounds like sour grapes. If employe B lets this affect his attitude, he likely won't ever be promoted - why should he? The best course of action is to work hard, do your best and potentially pursue other interests.

    You aren't happy working there.

  4. What is affirmative action program?

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