Is failing to promote for non-discriminatory reasons unlawful?
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Is failing to promote for non-discriminatory reasons unlawful?
I have been denied promotions for the simple reason that my boss does not like me. Is this unlawful? I have received good performance reviews and am more qualified than other people promoted to the position.
Asked on July 16, 2018 under Employment Labor Law, Michigan
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Absent some form of actionable discrimination (i.e. that based on race, religion, gender, nationality, age, disability, etc.), not all workers need be treated the same or even fairly. Accordingly, unless your treatment violates the terms of a union agreement or employmemt contract, it is legal. The fact is that most companies can set the conditions of work much as it sees fit.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Absent some form of actionable discrimination (i.e. that based on race, religion, gender, nationality, age, disability, etc.), not all workers need be treated the same or even fairly. Accordingly, unless your treatment violates the terms of a union agreement or employmemt contract, it is legal. The fact is that most companies can set the conditions of work much as it sees fit.
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