What are my rights if I recently applied for an internal position with my employer and I did not get the job due to what I believe was nepotism?

I recently applied for an internal position with my employer. I have been there a

year and a half. My supervisor hired someone 4 months ago and I believe it is a

relative. The open position was applied for by over 10 candidates. While the

application process was taking place, the supervisor allowed his relative to work

on the job in that position while the search continued. No one else was allowed

to work in that position in the interim. The interview date was moved so HR

personnel could not attend due to a conference. The interviews took place and

guess who got the job? Is this legal?

Asked on September 21, 2016 under Employment Labor Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The fact is that nepotism in the workplace is not illegal, unless it violates a union agreement or employment contract. Not all worker's need be treated the same or even fairly, that is absent some form of legally actionable disctimination (i.e. differing treatment based on a person's race, religion, age (over 40), disability, etc). Otherwise, a company can set the conditions of the workplace much as it sees fit. As for a hostile work enviornment, that also has to do with legally actionable discrimination and you presented no facts to support such a claim.


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