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New York State: Promotion discrimination exposure

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  • New York State: Promotion discrimination exposure

    I work in a consulting company in New York City. We have a policy that compensation and promotion cycles are done once a year. I received an offer from a client for about twice as what I am earning now but I prefer to stay with my current company. When I talked to the partners, they seemed to agree to match the offer, but then they told me that it is illegal for them to do it, i.e. to have an exception to the policy. They said that if they wanted to promote me, they would need to post an annoucement of policy change, wait 60-90 days, and give everyone else at the same level as me the same option. I scored very high in my bi-annual review. Are they just trying to make me wait 3 months, or is this really the law? In other words, if they decided to change the policy after the bi-annual reviews, so that everyone who scores above a certain threashold would be offered a promotion, would they be exposing themselves to law suits?

  • #2
    Did they tell you WHY it was illegal for them to do? Is it contract or they are legally required to post positions? You mentioned in the subject title "exposure to discrimination," why do you think this would be exposing discrimination? Are you in a protected class, or would they be passing up someone who is qualified & in a protected class?

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    • #3
      No, it is not the law. However, making exceptions COULD possibly create a liability for them with regards to discrimination laws.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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