Legal Question in Business Law in Indiana

Discrimination

The company I work for recently changed ''figure heads'' and the new one is making a lot of structural changes. He is creating positions and appointing people to them. The company policy (and precedent) says new and open positions should be posted so that individuals within the company have a chance to apply. There are many people that would be much more qualified than the people that have been appointed, but they were not considered because of location and because they did not know the right people. The jobs are not location specific because they involve managing people and processes across the country and in other countries. Entire regions were overlooked for these jobs. Can the employees in these regions, as a group, file a class action suit against the company for not following policy of for basically discriminating against them because of their location?


Asked on 3/10/09, 7:18 pm

2 Answers from Attorneys
Samuel Hasler Samuel Hasler

Re: Discrimination

If the policy is not a contract (I expect a disclaimer to any employee handbook that the handbook does not create a contract), then there is no breach of contract. Discrimination that can be litigated does not include geographic location.

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Answered on 3/10/09, 9:11 pm

Re: Discrimination

I do not see any discrimination as this does not involve sex, ethnicity, race, age, etc

Without seeing the actual policy and procedures manual, an opinon cannot really be given. There are also other issues if multiple states are involved as to whether there could be a national class

Good luck.

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Answered on 3/10/09, 9:52 pm


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