Discrimination claim by employee bypassed for promotion heads to trial

The U.S. 4th Circuit Court of Appeals (whose rulings apply to all North Carolina, South Carolina, and West Virginia 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.