Legal Question in Employment Law in California

I have internally applied for 2 different positions have had both hiring managers tell me that I was perfect for the job in which they wanted to hire me on. Currently my company has a policy that an 8% increase is the most you can receive on an internal bid unless it is signed by the CEO of the company. That being said our HR department has blocked me from one position claiming I didn't have the right bachelors degree and now I am finding out they want to downgrade the other position to my same pay level because the increase to the left level is above 8%.

I feel like I am being discriminated against because I am internal employee to where if I was on the outside I would have not problem getting the original position I interviewed for (according to the actual hiring managers.)

Do I have any type of case?


Asked on 11/30/11, 6:23 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Even if you are right about your belief, this would not be an illegal form of discrimination. Unlawful discrimination is based on a protected characteristic or classification, such as race, national origin, gender, religion, disability, age, etc. It may not be fair that internal applicants are at a disadvantage, but there is no law that says employers have to be fair.

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Answered on 11/30/11, 8:30 pm


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