Violation of Civil Rights?

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alleecat

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I work in a small offfice of five people. Our particular property employs over 700 people. It is part of a big corporation that employees at least 5,000 people. A couple of weeks ago one of my co-workers was given a promotion. But the thing about it is that the others in our office was not given an opportunity to apply for this new position nor told about it. Our company policy states that all jobs must be posted internally for five days. It was posted on our application web site. We also have a paper posting that points out jobs that other employees might be interested in applying for (this way they don't have to just keep going to the application site). This new position wasn't ever put on this posting. The VP of our department kept this new job totally secret from me and another co-worker. Her intentions was to give this to her administrative assistant the whole time. She also hasn't announced (to us in the office) the assistant's promotion to the new position. Both me and my co-worker are in an age protected class. The admin assistant is also in a protected class as she is an Africian American.

But me and my co-worker feel like this was done very sneaky. After the VP and her assistant went on a personal trip together a couple of weekends ago, the VP came in on the following Monday, made up a job description (that was taylored especially to the admin) and secretly posted it on our application website. She then told one of our manager's basically that she had to take the admin as her assistant (even though the the manager flat out told her that she wouldn't hire the assistant), quickly had the job closed on the fifth day and the had the paperwork processed. The co-worker and I feel like we were never given a chance to apply for this position let alone told about it. We feel like it is favortism at it's worst (being as it came on the heels of the VP and the admin going on a personal (not business) trip together. Might I also mention that the VP is an African American female as well. I for one am qualified for this position (according to the job description) and the admin is not. This position will offer a step into the manager's position.

The bottom line, has my and my co-worker's rights been violated and if so what course of action should we take? We feel like we should confront the VP first or possibly go to her boss or report it to our corporate HR.
 
Nothing in your post is illegal.
 
It is not illegal because there is no law that says all jobs have to be posted. Company policy is not law. You do not have a civil right to apply for any and all positions that may be available.
 
But doesn't the law state that all persons especially those in a protected class have to be offered the same opportunities.
 
No, not as you are interpreting it.

Every single person on the face of the planet is in at least three protected categories. Every single person has a race, a gender, and a national origin. The law in the US protects ALL races, BOTH genders and ALL national origins, not just so-called minorities.

It IS legal for an employer to hand-pick an employee for a position. NOTHING in the law says that all jobs have to be posted and that all employees MUST be given the opportunity to apply for all openings. They cannot be prohibited from applying BECAUSE OF their race, gender, national origin etc. but you have not provided any evidence to suggest that this is the case. The fact that the VP and the successful applicant are of the same race, which is different from yours, is not even remotely enough evidence to support a claim of racial discrimination.
 
Document, Document, Document!

If it is truly one of many incidents, as you say, then the proving of the whole as discrimination lies on you and your slighted coworker.
I cannot stress enough that you must document each and every adverse action you deem as inappropriate or possibly racially-motivated. Read your employee handbook cover to cover, find out what recourse your employer offers in the event an employee feels they've been discriminated against.

A lot of times, such things can be insidious like cancer. Each event, alone, does not constitute anything, but together a pattern can emerge. The difference between lone stars and actual constellations.

When a coworker made racially derogatory comments to me, I not only talked to my supervisor, but started documenting everything from that day on, sending them in emails to myself from work so I wouldn't forget any nuances by the time I got home. Consequently, after a year, the little problems showed themselves to be part of a much larger, more verifiable problem and the EEOC has taken the case.

Good luck on your own problem.
 
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