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UNLAWFUL EMPLOYMENT PRACTICES


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#1 Employee007

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Posted 27 February 2013 - 12:59 PM

My current employer did not inform me or provide me the opportunity to apply for a position that I was OBVIOUSLY qualified for.

IN the past two years my employer has hired several of her close friends!

They have to limited my application to a position in a way which DEPRIVED me the employment opportunities and ADVERSELY affected MY CURRENT STATUS and MY CURRENT POSITION at this company!

#2 Fallen

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Posted 27 February 2013 - 01:12 PM

I'm sorry, but the practices you mention aren't unlawful.

The law won't require an employer to let you know about or offer you available positions.

"IN the past two years my employer has hired several of her close friends!"

There's nothing whatsoever unlawful about this.

Did you have a question?

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#3 pg1067

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Posted 27 February 2013 - 01:58 PM

They have to limited my application to a position in a way which DEPRIVED me the employment opportunities and ADVERSELY affected MY CURRENT STATUS and MY CURRENT POSITION at this company!


In the prior sentence, you referred to your employer as "her." So, who are "they"?

You didn't ask a question, so I'm not sure what the point of your post is.

The subject header of your post refers to "unlawful employment practices," but nothing in your post suggests anything that is even remotely unlawful. Car to clarify what you think is unlawful about the things you described?

#4 Tax_Counsel

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Posted 27 February 2013 - 03:51 PM

Much of employment law is state law, and you’ve not identified the state in which you work. It also matters whether you work for a private employer or for the government, and whether you are a member of union that has a contract with your employer that sets out what the rules are for promotions.

All that said, if you work for a private employer and are not a member of union, then under federal law and the laws of pretty much every state there is no requirement that an employer inform you of open positions in the company. Nor is it illegal for an employer to hire or promote friends to positions in the company. What is illegal under federal law is discriminating against you based on your race, color, national origin, sex, age (if you are at least age 40), disability, or genetic test information. For an employer to be subject to these federal laws, it must have at least 15 employees. Some states have equal employment laws that either add more protected categories of persons (e.g. prohibiting discrimination based on sexual orientation, marital status, military status, etc) or that extend coverage of equal employment laws to smaller companies that federal law doesn’t cover. In short, passing you over for promotion because the employer wants to put her friends in those jobs is not illegal. It might be bad business practice, but the law doesn’t require managers to be good at their jobs.

#5 Employee007

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Posted 27 February 2013 - 04:20 PM

EEOC: My Boss DEPRIVED me the employment opportunities and it ADVERSELY affects MY CURRENT STATUS and MY CURRENT POSITION at this company.

My Boss purpose hid the position from me and thus deproved my of the opportunity to apply for the position. I am a current Manager with "Title XYZ"in my Company. My Boss hired a Director with same title "XYZ". Hid the position from me, did not interview anyone and hired a friend.

#6 Employee007

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Posted 27 February 2013 - 04:22 PM

I work for a private company, it is a UK company, but my office is in Texas.

#7 Employee007

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Posted 27 February 2013 - 04:24 PM

52 yrs. old.

#8 pg1067

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Posted 27 February 2013 - 04:40 PM

EEOC: My Boss DEPRIVED me the employment opportunities and it ADVERSELY affects MY CURRENT STATUS and MY CURRENT POSITION at this company.


I have no idea why you're referencing the EEOC here. It appears you are alleging that your boss "deprived you [of] employment opportunities" by not notifying you of a position for which you believe you are qualified and, instead, hiring a friend, and that this affected your "current status and [your] current position." There's absolutely nothing illegal about that. As was explained in two of the prior responses, no law requires that your employer notify you about or consider you for other positions even if you're highly qualified for them. Nor is there anything illegal about hiring a friend instead of promoting a current employee.


52 yrs. old.


Sorry, but so what? That you're over the age of 40 means that you cannot legally be discriminated against in connection with employment matters because of your age, but it does not mean that you get special benefits (i.e., that the legal/lawful actions of your employer somehow become illegal/unlawful).

#9 Tax_Counsel

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Posted 27 February 2013 - 11:38 PM

EEOC: My Boss DEPRIVED me the employment opportunities and it ADVERSELY affects MY CURRENT STATUS and MY CURRENT POSITION at this company.

My Boss purpose hid the position from me and thus deproved my of the opportunity to apply for the position. I am a current Manager with "Title XYZ"in my Company. My Boss hired a Director with same title "XYZ". Hid the position from me, did not interview anyone and hired a friend.


As I stated before, if it is a private employer and you are not a member of a union that has a contract with the employer regulating how promotions are handled, then there is no recourse for you under federal law unless the reason was because of your race, color, national origin, age, sex, religion, disability or genetic test information. Here, it appears the reason for the boss’ actions didn't have anything to do with any of those protected characteristics, but rather the reason was the boss wanted to put her friends in those jobs. There is nothing illegal about an employer showing favoritism to friends and family. I dare say it happens every day in private employment.Texas law does not protect anything more than federal law does in this regard, so there appears to be no recourse there, either.

You may, of course, consult an employment law attorney to go over the facts to see if there is something you can do. But frankly, unless there is something more to this than you’ve stated, there is nothing to pursue against your employer here.

I suggest that if you want to move up in the corporate world you consider changing employers. You know your boss won’t give you a shot at promotions and instead will bring in friends for those positions instead. I wouldn’t expect that to change anytime soon.




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