I work for a college, which may or may not be important. In my department, there are two supervisory positions, the director and the assistant director. Recently, the director retired, and the assistant director was promoted, which makes perfect sense to me. However, the assistant director job was simply handed to one of my co-workers. The job was never posted, and no interviews were ever held. Since this college is a public institution and an EEOC, is this a legal practice? Perhaps the laws are different for supervisory positions, but it seems to me that not allowing any interested employee to apply for an open position is not an equal opportunity.
Administrative Law Lawyer
In some public employment, there are formal policies, procedures and rules that require posting of promotional opportunities. In other such employment, there are collective bargaining agreements with one or more unions that compel posting in the circumstances you described. But the law does not impose a general requirement for such posting. If there are no enforceable polices and no union agreements, then the employer is likely not required to post a vacant position before selecting a current employee to move into that position.
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