If an employee is denied an opportunity for advancement that all others are given, what recourse does this employee have?

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If an employee is denied an opportunity for advancement that all others are given, what recourse does this employee have?

This involves the dept of pathology. Specifically phlebotomy. Outpatient and mott phlebotomists are able to obtain a raise for becoming line trained and peds trained. This was the protocol. Now Mott is separate and the main hospital employees are denied peds training so the manager says they can’t get the raise. They should be allowed to become peds trained not only for the raise but so they have an equal opportunity to obtain a position in mott if they apply. Right?

Asked on May 16, 2012 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There is no general legal obligation whatsoever to provide employees equal opportunties for advancement; it is perfectly legal to give some employees opportunties (or additional pay) that others do not receive. The one exception to this is that it is illegal to treat employees differently due to a protected characteristic; for example, due to employee race, religion, age over 40, sex, or disability. But if the unequal treatment is not due to discrimination against a protected category, it is legal.


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