Legal Question in Employment Law in Florida
Job Posting Requirements
Are there any requirments for a private employer to notifiy empoloyees when a new position is created? Can an employer fill a newly creasted position without a posting be made so that all qualified candidates can apply?
Or
If a new position is filled without posting and there are employees who are more qualified but they are either protected by age or race and they were not considered, is this a form of discrimination?
2 Answers from Attorneys
Re: Job Posting Requirements
Absent a union contract or other agreement that may exist, a private employer does not have to post jobs. However, federal anti-discrimiination laws do not only cover hiring of new employees and termination of employees. The terms and conditions of employment must also be free of discrimination. If an employee is denied advancement, promotion or training because of their age, race, religion or national origin such actions would be a violation of the law.
Re: Job Posting Requirements
No and yes.
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