Can they say this?

[jehardt]

What is the name of your state?What is the name of your state? Illinois
My boss was recently fired. On the same day the owner told two of us that the new person would be coming in later in the day to meet us.

As the owner was explaining the new person's background he looked at me and said "You would have been considered if your family situation was different. Maybe you can be considered on a future deal". I am married and living with my spouse and we have young children.

Is this illegal or is the owner just a jerk?

 

[BelizeBreeze]

Of course it's legal. And who knows if your boss was being a jerk. We don't know him/her.

 

[cbg]

Marital status is protected in your state (though not at the Federal level). If you were turned down for the promotion because you are married AND FOR NO OTHER REASON that is illegal.

However, parental status is NOT protected in your state or at the Federal level. If you were turned down for the promotion because they felt that your having young children would get in the way of your availablility they want for the postition, that IS legal.

And I agree with BB. There is nowhere near enough information to indicate if your boss was being a jerk or not.

 

[Beth3]

As the owner was explaining the new person's background he looked at me and said "You would have been considered if your family situation was different. Maybe you can be considered on a future deal". I am married and living with my spouse and we have young children. Are you absent because of your children? Are you not available to work extra hours or special assisgnments because your responsibilities at home? Perhaps that's what the boss meant. If so, not considering you for the opportunity is completely legal.

 

[bucherandcooker]

Just weighing in.....

It sound like the OP was never asked if she was available to work long hours or not, like the boss made a presumption (based on what I'm not sure....his comment didn't indicate if it was the marriage or the kids). There could be many reasons why someone can't work long hours (including not wanting to, I've met many people who didn't want to even for overtime).

Can the boss ASSUME that someone can't do the job or work long hours because they have a family and not consider someone or don't they have to post the job, allow you to apply, interview you and ASK you if you can work the hours the job requires.

Also, there are many people who can get jobs done without speding long hours in the office, they still find a way to get it done. Why not give them a chance?

Just some thoughts based on my experience. I've seen many people get promoted (or hired), can't do the job and get demoted or canned.

 

[cbg]

Can the boss ASSUME that someone can't do the job or work long hours because they have a family and not consider someone

It would be nice of them to inquire but they are not required to by law.

or don't they have to post the job, allow you to apply, interview you and ASK you if you can work the hours the job requires.

Nothing in the law requires them to post the job. Nothing in the law requires them to take applications and interview people. It is perfectly legal for them to pick out one person and say, this is the person we want to do the job, and never talk to a single other soul about it.

Also, there are many people who can get jobs done without speding long hours in the office, they still find a way to get it done. Why not give them a chance?

Again, it would be nice of them to do so, but it's not required by law.