4th Circuit lets Facebook employee's race claim proceed

The U.S. 4th Circuit Court of Appeals (whose rulings apply to all North Carolina employers) recently held a trial court erred in dismissing a Facebook employee’s claim he was turned down for a promotion based on his race. The case demonstrates why promotion decisions should be made according to clear, written guidelines that help ensure a fair and consistent evaluation, free of any racial bias or discrimination.

Facts

Robert Louis Gary began working at Facebook as a critical facilities technician in a role that involved operating and maintaining the premises of a data center located in Forest City, North Carolina. In the latter half of 2013, he was scheduled for a performance review, which determined what (if any) raise, bonus, and promotion he might receive in the first financial quarter of 2014.

To conduct the review, Facebook convened a committee comprised of Matt Hamrick (Gary’s supervisor), Wayne Hawkins (Hamrick’s supervisor), and several other high-level managers. Hamrick prepared a wholly positive written evaluation of Gary for the review. He stated, however, that Gary needed to be more of a “self-starter” to merit a promotion.

Following the review, Gary received a letter indicating he received a mid-level rating of “meets all expectations,” wouldn’t receive a promotion, and would receive a modest raise.