If the company I work for sometimes posts open positions within the company but they don’t post all open positions, is this legal?

UPDATED: Mar 2, 2012

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If the company I work for sometimes posts open positions within the company but they don’t post all open positions, is this legal?

When the company does not post a position, they simply place whoever they want in the positions. Many times, the people they place are very young with less education and less experience than those that might apply if the position were posted.

Asked on March 2, 2012 under Employment Labor Law, Tennessee


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

1) The law does not require a company to ever post positions internally, or hire, promote, transfer, etc. from within. A company could legally always took to the outside if it chose--or it could sometimes post internally, sometimes not.

2) A company is free to hire or promote anyone it likes, even those who seem less qualified, so long as it is not discriminating in doing so on the basis of a specifically protected category. For example, federal law makes it illegal to discriminate on the basis of race, religion, age over 40, sex, or disability. If you believe this sort of discrimination is going on, you may wish to speak with an employment law attorney about the situation.

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