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?


Asked on 7/23/03, 8:33 pm

2 Answers from Attorneys
Kelly Henderson

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.

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Answered on 7/24/03, 9:15 am
Keith Stern Shavitz Law Group

Re: Job Posting Requirements

No and yes.

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Answered on 7/24/03, 9:24 am


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