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California Supreme Court Rules in Employer Promotion Knowledge Case

Tuesday, August 3, 2021 If an employee is passed over for a promotion due to alleged harassment, does the failure to promote happen when the employer decides to promote someone else or when the successful candidate actually takes on the role? The answer, as the California Supreme Court unanimously held in  Pollock v. Tri-Modal Distribution Services, Inc. on July 26, 2021, is neither. Rather, the court ruled that the statute of limitations on a failure to promote claim brought under the Fair Employment and Housing Act’s (FEHA) harassment provision begins to run once the employee knows or reasonably should know the employer did not promote him or her.

California Supreme Court Holds Failure to Promote Claims Accrue With Employee s Knowledge of Denied Promotion | Ogletree, Deakins, Nash, Smoak & Stewart, P C

California Supreme Court Holds Failure to Promote Claims Accrue With Employee s Knowledge of Denied Promotion | Ogletree, Deakins, Nash, Smoak & Stewart, P C
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