Legal Question in Employment Law in California

I work at a hospital where I have been in this field for several years and frequently speak to my manager and director about elevating me to higher position, i have been told in the past that the only thing seperating me from the elevated position was a degree, I have been going to school to obtain my degree in hopes of being promoted. In 2008 a fellow employee was elevated to the higher position that I was seeking and she has no college education or degree, when I questioned my manager they informed me that the job description had been changed and that you know had to only have 5 years of experience. I have now past the new bench mark of 5 years and have been asking my manager repeatedly about being promoted. I was informed by management that our executive office does not want to promote anyone else to this position without them having a degree, even though they have promoted some with no college education whatsoever to this position. Do I have a case for discrimination? Please advise


Asked on 4/29/10, 2:57 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

A 'discrimination' claim is based upon illegal discrimination, harassment or retaliation under the ADA [age], Civil Rights [race, sex, ethnic, religion, pregnancy], Whistle-blower, or similar statutes. 'Unfair' is NOT discrimination. The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, etc. just not retroactively. Employees have the 'right' to pay and employee benefits per the law and company policy as agreed, to be provided a 'safe' workplace to minimize risk of injury, and sometimes are provided certain medical/pregnancy leave rights. That's about it. Promises of possible promotion are merely incentives to get employees to work hard, not enforceable contracts.

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Answered on 5/04/10, 3:14 pm


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