Good news for managers

A wonderful case for managers was announced over the holidays by the Ninth Circuit Court of Appeals. The case involved a woman who was hired as an information services manager. After her first 90 days, her probationary period was extended due to poor performance. She continually received criticism, and about one year after she was hired, she was fired by the same person who originally had hired her.

The court held that where the same individual both hires and fires the employee, there is a legal presumption that the firing is not discriminatory. The court reasoned that a manager who is biased against someone of a particular group would not hire someone from that group. Obviously, if the hiring manager had been "forced" to hire someone (by management or by HR for affirmative action purposes) then the presumption is rebuttable.

This is good news for managers all over the country. Although the case applies only to the western states, other circuits have held the same.

Bradley v. Harcourt, Brace,
___ F.4th ___, 96 C.D.O.S. 9511 (9th CA, December 30, 1996)

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.