Unclear personnel procedures allow suit

Workforce, Oct, 2002 by D. Diane Hatch, James E. Hall

Howard Lockridge, an African-American, was chair of the technical and industrial department of Phillips Community College of the University of Arkansas. In 1998, an announcement for the position of dean of industrial technology and workforce development was distributed to the PCCUA community through e-mail and a newspaper advertisement. Lockridge did not apply for the position, and told his supervisor that he did not plan to apply. A white male was selected for the position.

Lockridge sued the university, alleging promotional discrimination on the basis of his race. The district court and the U.S. Court of Appeals for the Eighth Circuit refused to dismiss his claims despite the university's argument that Lockridge never applied for the position.

Agreeing that "an employee's failure to apply for a position pursuant to established procedures will normally bar his claim," the appellate court said that an exception exists "where the employer has failed to establish a clear personnel procedure." Lockridge's earlier attempts to apply for other positions "demonstrate the seemingly random and subjective promotions process."

Therefore, the fact that the university had posted, advertised, and e-mailed the job's vacancy was insufficient because the university "fails to show what its hiring and promotion procedures actually are." Lockridge v. Board of Trustees, Univ. of Ark, 8th Cir., No. 01-1472 (6/24/02).

Impact: Employers are advised to develop format policies and procedures for filling new-hire and promotional positions, and to communicate them and vacancies to all employees and applicants.