Are there any legal concerns for a company that ignores its own policy manual about posting all openings in the company and interviewing the applicants and promoting the best qualified for the opening ? Our manager hand picked his buddy for the job and it was a done deal. Several of the other interested people are over 40 yrs old and had much more experience . Seems illegal to me but is it ? What can be done ?
2007-08-18 03:40:52 · 4 answers · asked by Dbub 1 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
In order to prove discrimination, you would need to show a trend of discriminatory practices on the part of the company. One position does not a trend make, especially since the company would probably create a justification for the superiority of this individual's experience/education over the internal candidates. Internal job postings are regulated by company policy and are not a legal requirement.
If the company has a practice of only promoting younger workers (or excluding any other protected classes - minorities, women), then you might be able to claim discrimination. Visit www.eeoc.gov for more on what constitutes discriminatory practices.
2007-08-20 04:33:04 · answer #1 · answered by Mel 6 · 0⤊ 0⤋
If you are going to consider legal action over that, then you mine as well start your own business and work for yourself because you will see things like that over and over again in your career.
Plus, you'll be out of a job in the end....people that seek legal action against their current employer, rarely stay employed with that company.
A company, can hire who it wants. Most company's policy manuals on hiring and firing can be ignored by management unless there is a union in place....that is just there to pacify employees into BELIEVING that it's a fair process.
It's much like Human Resources....HR isn't there to give employees an open-door policies....it's to protect the company FROM the employees.
2007-08-18 11:13:18 · answer #2 · answered by Expert8675309 7 · 1⤊ 0⤋
There are no laws requiring "most qualified" to get promoted over some one else. Personality is important in many positions and difficult to quantize.
While someone can not be discriminated against for being over 40 they also have no special rights to promotions based on age.
2007-08-18 10:47:57 · answer #3 · answered by Landlord 7 · 2⤊ 0⤋
Maybe not fair, but life isn't fair. It's not illegal for them to promote who they want to. They can't DENY you a promotion because of age, race, or gender, but that doesn't say they have to promote you either - and proving that you were denied a promotion because of age could be very difficult. If the other guy was promoted because he's the boss's buddy, that's legal.
2007-08-18 11:01:49 · answer #4 · answered by Judy 7 · 0⤊ 0⤋