Is this discrimination and is there any legal action I can take?

Hello! I live in Ohio and work in West Virginia at a camera store that has thousands of stores nationwide. I have been employed there for three and a half years. I work full time as a lab key tech ( I run the one-hour photo lab) Our store manager is leaving soon and I thought I would be considered for the position. I've worked there longer than anyone else. I'm the only full time employee and I manage the lab. I have the skills the manager would need. The first manager I worked for quit in July of 1999 and I ran the store (without title of manager) for two months at the district manager's request. I did all managerial duties and our store made its goals and ran well. When our newest manager arrived, I trained her in areas she wasn't knowledgeable in. Now she is leaving and I have not even been considered for the job. They have known for awhile she was leaving and were having trouble trying to find someone to fill the position. However, the other day I found out that an employee there is being given the manager's position. This employee works part time and only works on the floor, selling cameras. He has no knowledge of the lab. He has no previous management experience. He does not know how to do the paperwork. He doesn't know anything about the job. He has only been employed there for a little over seven months. Also, he is personally acquainted with the other employees there, meaning he goes out to bars with them and has them over to his apartment to "party". I don't think this is appropriate behavior for our new manager. I also feel discriminated against. This other employee knows less than me and has been there less time than me. I don't understand why I was passed up for this job when I feel I deserved, at the very least, consideration. I have shown interest in the job. I feel insulted having to work for this other employee. Is there any legal action I can take? Or do I just have to find another job? Is this discrimination?

Start looking in the Help Wanted section of the local newspaper.

First of all, it doesn't sound as if you have been "discriminated" against -- you have had female managers, as well as male. Perhaps you have not come right out and told your District Manager that you are interested in moving up in management, i.e., store manager, or assistant store manager. Perhaps you are more valuable where you are -- lab tech. Either way, before you jump the gun and cry "discrimination," why don't you call your District Manager and see if you can sit down with him/her and discuss your goals, the company's goals, and how you would appreciate being given consideration for the next assistant manager and/or store manager position? Ask your DM what you would have to do, i.e., continuing education, etc., to be considered for any of these openings. Give the company the benefit of the doubt --

P.S.: Try to remain neutral where this new manager is concerned. Try to stress your willingness for teamwork, but CYA -- cover your a** and don't get involved with his escapades or carrying tales, particularly to your DM. Be professional, without the back-bitting or the appearance of back-bitting, because this guy will hang himself one way or another and you could not only come out "smelling like a rose," but could fall right into his "old" spot.

Response to Buddy2Bear

While we have had both male and female managers (and I do not feel I'm being discriminated against due to gender), I still feel that this is wrong. Being passed up by someone who has been there only a short period of time is a form of discrimination in my opinion. This employee has not been at the company long enough to be properly trained for a management position. It also states in our procedures manual that a store manager must be proficient in all areas of the store, on the sales floor, as well as the photo lab. He is not trained in all areas.
I have informed the district manager that I would like to advance in the company and my goal has been for the past year to become the store manager. When the current manager annouced plans to leave, I contacted the district manager and let her know I was interested. When the store manager postponed her plans due to personal conflicts, I assumed when she did leave, the DM would keep me in mind. I am not bitter because someone else was chosen. I can understand that only if the person chosen is more qualified for the position. What I am upset about is that the person chosen is not at all qualified. Furthermore, I have not received an explanation for my being passed up, despite the fact that I have requested to know the reason why. I feel pushed out of my job. I have been a loyal worker for over three and a half years. I don't feel that I should have to work for someone who is not qualified. My question was, is there anything I can legally do?