Legal Question in Employment Law in Pennsylvania
Discrimination on Promoting
Can a corporation prevent a promotion to an individual based soley on the fact that the individuals spouse works in the same department? Bare in mind, they will not be reporting directly to each other. Also, there is no mention of this policy in the corporation's handbook.
1 Answer from Attorneys
Re: Discrimination on Promoting
Some states do have laws prohibiting an employer from making employment decisions based upon personal criteria such as a familial relationship with another employee. Unfortunately, Pennsylvania does not have such a law. Therefore, unless you have some contractual right to be considered for the promotion, your employer is free to make promotion decisions on any basis (except unlawful discrimination). Pennsylvania law does not prohibit an employer from deciding that spouses should not work in the same department. Also, there is no reqirement that a formal poilicy of this nature be announced in advance.