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Promoting a Male Over a Female

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We have a Minnesota company that wants to promote one of our male managers to a new leadership position. However, we also have a female that has applied and has similar credentials, but no leadership style. How can we make our promotion without getting in trouble for sex discrimination?

It is smart of you to recognize that you are in a tricky position. Believe it or not, sex discrimination does still occur in the U.S. and in businesses of all sizes and types. In fact, while women take up about 50% of the workforce, only about 4% of top executives are women. There is a national document called Title VII that is in place to help protect the rights of women and other minorities in the U.S. This document applies to all businesses across the country, and is not limited to businesses in Minnesota.

However, Minnesota businesses are obligated to comply with it. In general, Title VII states that businesses may not discriminate against an employee or potential employee based on race, religion, gender, or any other distinguishing characteristics. The Equal Employment Opportunity Commission (EEOC) is a national organization that is responsible for ensuring that all businesses comply with Title VII. This organization is where your employees will go if they have any concerns regarding sex discrimination with your company, so you should become familiar with some of the past decisions that the EEOC has made.

In order to ensure that you are not taken to court, or that you have a good case if this particular situation goes to court, make sure that you have documents in place that can prove that your male employee has a performance record that is adequate for the new job. You will also want documents that indicate that supervisors believe that the male employee has a better leadership track record. As such, because you have two candidates that may look the same on paper, you will rely on those first-hand accounts of personality differences from managers. In either event, it is always best to speak with your female employee honestly in order to let her know how you came to your decision. Perhaps in the future she can set herself up to receive a promotion with the advice and feedback that you give.