I was passed up for a position that was given to a person that has the same job title as me and has only been there over a year.

Asked almost 2 years ago - Orlando, FL

My Director told me that she found someone with a bit more experience. when my manger inquired why I didn't get the position she was told that I needed to move into a team leader position before I can pursue a management position. My question is how come those rules doesn't apply to the person that got the position that has the same job title as me?

Attorney answers (1)

  1. Answered . Unless you are a member of a union that has a contract that includes seniority promotion guidelines, a company has no obligation to recognize seniority and can apply different rules. The only prohibition is that the different treatment cannot be based on race, ethnicity (this does not necessarily mean what language you speak - speaking a certain language can be a requirement if it is relevant to the job), religion, gender, marital status, age or in some jurisdictions sexual orientation or pregnancy.

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Related Topics


Employment law governs employee pay, non-discrimination policies, employment classifications, and hiring and firing at the federal, state, and local levels.

Discrimination in the workplace

Discrimination in the workplace is when one or more employees are treated unfavorably, based on characteristics like age, race, gender, or sexual orientation.

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