Legal Question in Civil Rights Law in Georgia

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"?

Asked on 10/02/13, 4:16 pm

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

No. Thankfully, the legal system does not (yet) micromanage and look over the shoulder of employers to try to make these decisions.

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Answered on 10/02/13, 4:25 pm

Paula McGill Attorney at Law

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.

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Answered on 10/04/13, 8:09 am

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