Can my employer tell me I should not bother to apply for a promotion because they would not consider me for itbut not tell me why?

UPDATED: Mar 4, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Mar 4, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my employer tell me I should not bother to apply for a promotion because they would not consider me for itbut not tell me why?

Asked on March 4, 2012 under Employment Labor Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, an employer can do this. An employer is not obligated to promote anyone--it's up to the employer to decide whether, whom, when, etc. to promote. And the employer is not required to explain its reasoning.

One exception: an employer may not refuse to promote a person due to a protected characteristic, such as the employee's race, religion, age over 40, sex, or disability. That is, for example, an employer cannot refuse to promote someone simply because she is black, or a woman, or over 40, etc. If you feel that the real reason why you won't be promoted is something like this, you may wish to consult with an employment law attorney to explore the matter in greater detail.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption