Binder Bansel and Felicia Epstein look at discrimination claims and employers’ confidentiality

An employee applies for a promotion. Her application is unsuccessful. She asks why. Her employer tells her: “Not only can’t we tell you why you failed to get the job, but we can’t even tell you why we can’t tell you.” The employee, who is black, notes that a white colleague is appointed and brings a claim in the employment tribunal for race discrimination. The employer denies that she was discriminated on the ground of race, but says it is prohibited by law from telling either her or the tribunal why she was not selected for the job.

How can the employee prove her case, without the employer either disclosing why she didn’t get the job, or at the very least disclosing the law under which it is prohibited from informing ...

Jean Yves

IICJ

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