Worried an employee won't fit into a department dominated by members of a protected class? Watch out! A court might decide "fitting in" is code for bias.
Recent case: Adelle, who is black, took a municipal procurement job. She had 12 years of experience and was initially paid about $80,000. Soon, she learned that two white men holding the same position were paid over $100,000. She complained to her boss, who put in a request for a pay upgrade.
However, before her supervisor could get the raise approved, another supervisor arrived on the scene. He canceled the request and began having Adelle run personal errands for him, such as getting coffee.
Adelle complained and also applied for other open positions. Each time, the new supervisor rejected her application, informing her he didn't believe she would "fit in." White men got the jobs instead.
Adelle sued, alleging sex and race discrimination.
She pointed to the "fitting in" comment as proof of discrimination. The court agreed Adelle's case could go forward based in part on those comments and the fact that she was paid less than her male comparators and was consistently rejected for open positions because of her lack of "fit."
