Promotion from within not available to all employees?

[JRW66]

What is the name of your state? Kentucky

My Question is this: Does “Equal Opportunity” extend towards personal prejudice even when it is not based on race, religion, age, sex, or disability?
I mean, what if I’m being denied advancement because someone who never met me just thinks I’m a jerk due to bad press on the “Grapvine Tabloid”?

Here's my Story...

A few years ago I had a clash with someone in the supervisory chain. It began when I complained to him about religious discrimination in the shop. I'm a pagan and I regularly get harrassed by the Christians who feel it is their personal mission to save my soul.
Eventually the supervisor was layed off. However, while he was still here he was on a personal “smear campaign” which I believe has cost me the ability to successfully apply for another position within the company.

Now when a position opens that I might be interested in, certain people in the company are given the opportunity to apply for the position but I am one of those not given the opportunity. In other words, most jobs are publicly posted, but HR often decides not to publicly post although it is the company’s policy to do so.
I was told by an HR representative that there is a provision allowing them not to post, but he refused to disclose the nature of that provision.

I’m finding I am not the only person affected by this scenario, and the only familiar association is that we all had at one time, invoked the wrath of a particular person in the supervisory chain.

Now, I understand with todays job market. I am not likely to find an entry level position that will pay as well as I am currently paid. (I’ve done my homework on this)
Therefore I realize it’s not worth quitting my job over, and I’m not considering legal action as of yet.
Besides, I do actually like my job; it’s only that I’ve been doing the same thing for several years now.

 

[hexeliebe]

Unless you can prove that you are not being given access (and all of you, not just you) because of your religious beliefs, then no, you have no case. The company can decide to post or not to post, who it wants to apply for an opening and who not to, within the law and you have stated no reason why they are doing these things illegally.

 

[cbg]

Assuming that this is a private employer and not a Federal, state or muncipal entity, then barring a bona fide contract that says otherwise there is nothing whatsoever in the law requiring an employer to post any positions, let alone all. It is totally up to the employer whether they want to post open positions and if so, which ones.

 

[JRW66]

Right, I understand that, my question was not whether I have a case. I don't actually plan to fight the issue in a courtroom. that would be very unwise in my opinion, even if I did have good legal standing.

My question was wether anyone has heard of a case of personal prejudice regarding a form of prejudice outside the boundaries of age, sex, gender preference, religion etc.

For example, What if the supervisor refused to hire someone with Bucked teeth?

I brought up my personal experience in order to exemplify that the personal bias does not necessarily fall under any of the listed categories cited in the law.

More to the point...Is the law limited to the minorities it lists, or can the prejudice (If substantiated) be one that is not specifically mentioned?

 

[Beth3]

"My question was wether anyone has heard of a case of personal prejudice regarding a form of prejudice outside the boundaries of age, sex, gender preference, religion etc.

For example, What if the supervisor refused to hire someone with Bucked teeth?"

No such case law exists because the law only prohibits discrimination based on specific classes. If I want to, I can fire you because I don't like your buck teeth, or because you're left-handed, or you dyed your hair green, or you're a Chicago Bears fan. You would have absolutely no legal recourse.

"More to the point...Is the law limited to the minorities it lists, or can the prejudice (If substantiated) be one that is not specifically mentioned?" The law is limited to the specific characteristics it protects: race, gender, age, national origin, religion, handicap, pregnancy, veteran status and at the State level, occasionally marital status and sexual orientation. That's IT.

YOU HAVE NO LEGAL STANDING. Do you get it now?

 

[cbg]

Not all discrimination is illegal. To use your example, if the employer decided to refuse to hire anyone with buck teeth, that would be perfectly legal. It is NOT illegal to be personally prejudiced against someone for reasons that are not considered illegal discrimination

Illegal discrimination is limited to race, religion, national origin, gender, disability, pregnancy, and age (over 40 only) at the Federal level. Some states also include other groups; in your state, it is illegal to disciminate against someone who has blck lung disease, or because someone does or does not smoke. However, there is no protection under either Federal or Kentucky law that prevents an employer from discriminating on the basis of marital status, sexual orientation, parenthood, weight, political affilation, genetic test results, or arrest record (all of which are protected in one or more states).

In other words, the answer to your question is that even if there is personal prejudice against someone, it does not matter unless it is BECAUSE OF their membership in a group protected by Federal or the relevant state law.

 

[JRW66]

cbg, thank you very much...that clarifies it for me.

Beth...I'll say it for the third time - I DO NOT PLAN TO PURSUE IT LEGALLY. (I believe I said something to that effect in both of my previous posts) I was only asking out of curiosity. Sheesh, I don't care if I have a case or not. Now do YOU get it?

I realize there are a large number of people who ask for legal advice because they think they can sue for being mistreated. I'd like to think I'm a little more level headed than that.

I'm not a legal professional but I am often curious about the law. that's why I came here. I refuse to be so intimidated that I choose not to learn a new thing.
If this is intended to be a venue strictly for people considering legal action then I apologize.

As for my own scenario, I believe that what comes around goes around. I take it and I roll with it.

 

[cbg]

FYI:

While this is not a venue solely for people looking to take legal action, the VERY large majority of posters ARE looking to do so. It is exceedingly unusual for someone to come here when they are not looking to sue someone.