Legal Question in Employment Law in Florida

Overlooked for Promotion

Hello and Good Morning

In my recent review (June 2001), I was told by my

supervisor that the only chance I had for

promotion within the department was if she (my

supervisor) resigned. After her resignation

(September 2001), the company proceeded to

hire from outside the company. The job opening

was never posted.

When I asked the department head as to why I

wasn't considered for the position, he stated that

they needed someone with previous

management experience. I then pointed out that

my resume on file indicates that I have the

required experience. He said he never looked at

my resume, and was unaware of that experience.

He said there is nothing he can do now, since the

new hire has already started.

What, if any, is my recourse? The company claims

to be an ''Equal Opportunity Employer,'' and

openings in other departments are often emailed

to the pertinent location.

Thank you, in advance, for your help.


Asked on 10/11/01, 9:57 am

1 Answer from Attorneys
Richard Groff Dye, Deitrich, Prather, Petruff & St.Paul

Re: Overlooked for Promotion

If the company employs 15 or more employees, and the person selected over you is of a different race, sex, religion, or national origin, and you can show that difference was the reason they did not consider you for the promotion, you might have a claim of unlawful discrimination.

Because they did not even look at your resume, it is likely you will be unable to show they considered your sex, or race or other quality. They simply did not consider you at all. Unless you can show they did that because of sex etc. you will not have a claim.

This should not be considered legal advice.

Read more
Answered on 11/26/01, 12:11 pm


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