Is it legal for a non-union employer to create a new position without posting for all to bid?

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Is it legal for a non-union employer to create a new position without posting for all to bid?

I was passed over for a new position as well as others that wasn’t posted like positions in the past. Do I have Any legal recourse? Or is this act just unfair?

Asked on January 28, 2012 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is unfair, but not illegal. As a general matter, an employer is free to decide whom to interview for jobs, whether to post internally or only externally (or vice versa), whom to hire, etc. The only exceptions are if there is a contract (such as a union agreement) which specifies how jobs are to be posted or filled, or your personal right to apply for positions; and that employees may not discriminate in hiring against employees on the basis of protected characteristics, such as race, sex, religion, age over 40, or disability.


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