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?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 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.


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