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.
1 Answer from Attorneys
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.