When promoting from within, one of the best ways to protect against retaliation claims is to use a promotion panel. If possible, make sure panel members don’t know about any complaints any of the candidates might have previously filed. That way, if the employee who says he’s being retaliated against doesn’t get the job, he can’t blame it on the panel’s knowledge of his prior protected activity.
Make sure promotion panels don’t know anything about candidates’ prior complaints
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