What do if my employer had told me I could not be promoted on the basis of gender and age?

UPDATED: Aug 30, 2011

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What do if my employer had told me I could not be promoted on the basis of gender and age?

I had the most seniority out of any employee in a management position in this store. The district manager, had told me that I would be next in line for the position of store manager. I had asked for an opportunity to prove myself worthy of this position and he has never given me the opportunity to do so. Instead, he had promoted his son-in-law to store manager, who at the time was working at another location and he never had any experience in the grocery business.

Asked on August 30, 2011 Tennessee


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You really don't indicate that your lack of a promotion was based on your gender or age. Where specific comment regarding either of them ever made to you or to your co-workers? The fact is that nepotism is not illegal. If your manager wanted to give his son-in-law preference that's wasn't against the law. Unfair and unprofessional yes, but not illegal.

The fact is that employers need not treat their employees the same or even fairly. One employee can be favoredover another. In an "at will" employment situation, an employer can set the terms and conditions of employment as it sees fit.

Am employees only protections would be if there is an employment contract or union agreement to the contrary, or if such action is a violation of existing company policy, or if this treatment is a result of legally actionable discrimination.

And discrimination based on gender and/or sex is such discrimination. Again, however, you give no supporting facts in proof of this.

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 AttorneyPages.com 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.

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