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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 114796
Experience:  20+ Years of Employment Law Experience
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I work in one of retail store in USA. I had an opportunity two of my colleagues to go to i

Customer Question

I work in one of retail store in USA. I had an opportunity two of my colleagues to go to interview for supervisor's position. But one of the middle managers that had access to interview’s questions gave its copy with answers to my colleague. After one week the result announced and he got the mentioned position. Based on what company’s work ethic claims, everybody should have equal opportunity to promote in my company and I believe it is work discrimination. I want to know what can I do? I do believe if I apply for such a position in future, the same story will be happens and now I absolutely disappointed and I don’t like to work in such an environment.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Discrimination comes in two forms, legal and illegal discrimination under MD and US law. Illegal discrimination, the type you can sue over, requires you to prove the only reason that this was done to you was based only on your age/race/sex/disability/national origin and for no other reason. Legal discrimination is something that you cannot sue over and can be for any reason at all other than illegal discrimination reasons.
Now, what your manager did was unethical and can be reported to HR and upper management and you can file an internal complaint, but if it was not done based only on your age/race/sex/disability/national origin, then you have no legal claim you can sue over I am sorry to say.
If you have proof that the only reason this was done to you was based on your age/race/sex/disability/national origin, then you would need to file a complaint to the EEOC and they have to investigate and give you a right to sue letter before you can go to court to sue the employer.
Based on what you stated above these are the options based on the laws in MD and the US at this time.
Customer: replied 1 year ago.
Many thanks for your answer.
I believe this is cheating or favoritism by manager to misuse her power.
My colleague confess that he got the questions and answers for interview from her and I recorded his voice as an evidence.
Do you think these documents can help me to sue my company?
Thanks
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for you reply.
I am afraid that legally, cheating and favoritism in the workplace is not unlawful and something you can sue over. Employment is at will in MD and as such the employer may choose who they wish to promote and this is an internal ethics matter for them to handle. I am sorry to say it is not something you can sue over.