Equal Opportunity or is this illegal?
This seems slick the way my boss did this. My boss went to the board of directors, which is made up of peaple that work at my place of employment, these directors are suppose to be my bosses boss however they all grease each other he gives them hours and what ever else and they pretty much let him do what he wants. so my boss went to the board and told them he would soon be retiring and needed to create a asst manager position the board agrred to creating this position and asigned him to filling it this is the slick part. his son works there and is also on the board so what does he do makes his son asst manager. now there are people that have been there longer and have more educatuion then him is this legal that he didnt give anybody else a chance. if it is illegal is there anybody that i can contact and how would i go about doing it ?
Answer:
Unfortunately, your situation is not that uncommon. You are describing nepotism, which is more typical in smaller companies in the private sector. There is no universal law that forbids nepotism, however, some states have statutes that deal with nepotism in the public sector. This is a state issue rather than a federal one. You will have to check your state statutes.
Nepotism aside, the consequences of your manager's actions may constitute as employment discrimination if it can be successfully demonstrated that *overtime* he has consistently hired individuals on some sort of shared basis or characteristic (ethnicity, sex, family relations, etc). Also, if working conditions became extraordinarily intolerable because of his son or other family members ascending in the work hierarchy and you or others quit, this could constitute wrongful termination. It is called constructive discharge, even though it is your action that resulted in the discharge.
Federal laws and state laws on employment discrimination are applicable in either the private or public sectors of employment. A legal could be made if there is sufficient standing. However, the burden of proof remains on you (and your lawyer) to argue that you have enough standing to make it into a case worthy of being tried.The litmus test to prove intolerable working conditions is pretty high and if your manager has not consistently hired family members you may be out of luck.
Since I do not know which state you reside in, my suggestion is to either contact the state legislature or the city council and find out first if there is an anti-nepotism statute.
If your working conditions become intolerable and if you have co-workers that feel the same that are ready to quit, you could contact an attorney that works either pro-bono or will cover the cost until you reach a settlement (they will take a big chunk of your money though). I would look into attorney offices that specialize in labor law.
Most firms will take on a few cases pro-bono as a tax write off, you might be lucky. Remember, just because you find an attorney and make it into a court room does not mean that you can demonstrate that you have standing before a judge in order for your case to be heard. A good attorney will know in your first meeting whether you have it or you do not.
It's called nepotism and while, not illegal, is reprehensible.
You can either put up with it or quit...those are your only actions.
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