Are there any legal implications when during the selection process for a promotion the determining factor (which is told to the individual not getting the promotion) is that...."you have more experience but the job was given to the one who had been with the company longer"?
2 Answers from Attorneys
No. Thankfully, the legal system does not (yet) micromanage and look over the shoulder of employers to try to make these decisions.
There may be legal implications if that was not the real reason for the promotion and you used one of the impermissible reasons for making the selection. However, if you truly selected the person because he was with the company longer, there should not be a problem. Nevertheless, anyone can complain and anyone can file a EEOC charge if that person is a covered employee.
Related Questions & Answers
My boyfriend and I have been living together for two years. He is now taking about... Asked 9/18/13, 9:24 pm in United States Georgia Civil Rights Law
We have been in a lawsuit with our neighbor for over 3 years and it was recently... Asked 9/17/13, 9:31 am in United States Georgia Civil Rights Law
Can I be evicted without notice and or lease in Georgia? Asked 9/16/13, 6:14 pm in United States Georgia Civil Rights Law
I cashed a pay check from my job back in 2006 at a check cashing liquor store. The... Asked 9/12/13, 7:13 am in United States Georgia Civil Rights Law
About 5 days ago my girlfriend's mom got into a conflict with my girlfriend and I,... Asked 8/07/13, 7:28 pm in United States Georgia Civil Rights Law