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denied a promotion because of relationship- unfair?

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inloveatwork

Junior Member
I have been employed in California in a top selling department of a large retail corporation for 2 years. I was hired at a part-time level because even with less hours the money was still better than working full time in another department. In a few months our store is expanding and one more full time position in my department will be opening up. Full time means more hours, a pay increase, and benefits (which I need BADLY.) This is the first time any such promotion has been made available to me, and since I have the most seniority in the department and I have consistently performed well, I figured I would be a great candidate for the position. I was informed yesterday that I will not even be considered for the promotion, on the grounds that I am dating a co-worker in the same department. I was told it had "nothing to do" with me, or my performance, and when I mentioned that our relationship had never gotten in the way of my professionalism, the manager agreed that it had not. I have been over and over our employee handbook, and I see nothing about rules regarding fraternization or inappropriate relationships with co-workers. It has never been mentioned to me in the past that the managers considered my relationship inappropriate. My question is this: Is this a fair consideration for my employer to take? Is this a form of discrimination? It might be worth mentioning that dating has taken place many many times within our store, and no one has ever been punished for it. I am being treated like "I should have known" it was wrong, and that it was going to adversely affect my employment in the future; but since there is no rule about it I feel I am being unfairly punished. What is my next step?
 


Zigner

Senior Member, Non-Attorney
I have been employed in California in a top selling department of a large retail corporation for 2 years. I was hired at a part-time level because even with less hours the money was still better than working full time in another department. In a few months our store is expanding and one more full time position in my department will be opening up. Full time means more hours, a pay increase, and benefits (which I need BADLY.) This is the first time any such promotion has been made available to me, and since I have the most seniority in the department and I have consistently performed well, I figured I would be a great candidate for the position. I was informed yesterday that I will not even be considered for the promotion, on the grounds that I am dating a co-worker in the same department. I was told it had "nothing to do" with me, or my performance, and when I mentioned that our relationship had never gotten in the way of my professionalism, the manager agreed that it had not. I have been over and over our employee handbook, and I see nothing about rules regarding fraternization or inappropriate relationships with co-workers. It has never been mentioned to me in the past that the managers considered my relationship inappropriate. My question is this: Is this a fair consideration for my employer to take? Is this a form of discrimination? It might be worth mentioning that dating has taken place many many times within our store, and no one has ever been punished for it. I am being treated like "I should have known" it was wrong, and that it was going to adversely affect my employment in the future; but since there is no rule about it I feel I am being unfairly punished. What is my next step?
Is this a form of discrimination? YES! Absolutely and without a doubt it is discrimination.

Now, before you get TOO excited, you must understand that discrimination is not illegal except in specific instances. Your situation does not show any illegal discrimination.
Fair? Maybe - maybe not (depends on your perspective).
 

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