Can my employer deny me a promotion because I'm ill?
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Can my employer deny me a promotion because I'm ill?
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Over a period of two months, I was very ill.
I missed about 10 days, do to on a off hospitalizations.
The company I work for was very understanding during this time.
The owner of the company even brought small gifts to me during this period - along with his best wishes. I was very touched.
But, the person directly infront of me has given his resignation because he has gotten a better job offer at another company.
I was at first offered his position.
Two days later, I was told that after a management meeting where my promotion was considered by all involved that they could not give it to me.
I was told the deciding factor behind this decision was my health.
Although I am stable now, and have not missed any work in about three months they were still very concerned about me. And If they were to give me the promotion, and I was to get sick again and became unable to work for a period of time I would cripple production because of the leadership role of the position.
In consolation they did give me a rather large raise... considering the position they want to keep me in. "Almost" as much as if I had gotten the position. And I was asked to help train the person that they hire to do the job I was going to get.
I'm still ill. I have to admit that, but not cripplingly so.
The doctors are still looking me over to find the cause.
But, to their admission it has not effected my job performance, or my mental abilities.
I can understand their concerns, but I'm wondering.
Is it illegal for a company to deny me a promotion because I'm ill, and what MIGHT happen?
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Piggiepants
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Internal job promotions are not legally required, so failure to give you a promotion for any reason is not illegal. Such decisions are a made within the company and by company policy. In the US the EEOC (Equal Employment Opportunity Commission) protects the rights of certain 'classes' of workers, such as those who may be discriminated against due to race, religion, ethnicity, age or disability. If you suffered monetary distress because of your illness (possibly considered a disability) you might have something to file a a case about, but since you were financially compensated, you would be very hard pressed to prove discrimination. For more information you can see the EEOC mandates on their web site, http://www.eeoc.gov
If you are in a Union, their rules/regulations may provide you with some recourse. You need to discuss this with your steward and find out their specifics. |
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Anis Hamdani
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I am not sure whether it is illegal or not to deny you a promotion due to your ill health. But considering from employers point of view they are rightly worried that if they give you promotion (which also means greater responsibility) and you are not able to fulfill the enhanced responsibilities then their company would suffer. Hence they are right in denying you promotion. |
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Judy
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No it's not illegal. A promotion is never legally required, and the employer gets to decide who to promote. And it sounds like they are treating you MORE than fairly. |
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