View Full Version : Is this ethical or illegal?
Debbijo229
Oct 13, 2016, 03:12 PM
I was just passed over for a promotion. One of the people, nurse educator, submitted a name of a candidate to the boss. There were four people on the board that interviewed everyone. The decision was made by discussing with the physician and a nurse in administration. What I want to know is was it illegal or and unethical to have a person on the board submit a candidate? To add insult I was told that they told me last because I was going to be the most upset. The background is that I have been a nurse for 31 years. I have been a sedation specialist for the last 14 years at this facility. The person they chose did have a BSN. I have the same. She has a doctorate in something else. She has no experience in medical imaging. I was upset that I did not get the job. The nurse educator additional told me that she did not think it was fair to not promote someone because they are good at there job. I was told the other candidate was a better fit. Anyone want to give me your thoughts.
Wondergirl
Oct 13, 2016, 03:23 PM
How is she a better fit?
joypulv
Oct 13, 2016, 05:35 PM
It isn't illegal unless it is specifically not allowed in the bylaws of the corporation.
It doesn't strike me as unethical.
Those who interviewed the other candidate may have felt that the PhD was a asset that would be useful.
If you think you have an age discrimination case, you could discuss it with a labor lawyer. Very difficult to prove, but the lawyer can decide pretty quickly.
I have a feeling that that advanced degree is going to count for more than your experience. Many promotions are more about organization, management, grant writing, public relations, personnel relations, etc, than the skills of the former job.
We don't know what your life is like in general. Taking more time off for medical appts? Rushing home for grandkids? Those are the types of stereotypes that deter promoting.
You are the only one who can possibly know how you fit into any of this. Good luck. You might want to start looking for another place to work.
smoothy
Oct 13, 2016, 06:03 PM
I agree with joypulv. Promotions are never guaranteed in any job, union or non-union, they aren't even guaranteed in the Armed Forces.
Nothing illegal about that except in some very specific circumstances... that would fall under EEOC but you would have to show the burden of proof. Win or lose consider your career there at an end then. I also agree... I'd start looking for a job elsewhere. Many times a new employer sees more value in you than your current one.
I've made huge career advances for that very reason.
J_9
Oct 13, 2016, 06:17 PM
I'm a nurse as well. There was nothing illegal or unethical about this process. Unfortunately, the PhD trumped your BSN and experience.
Not being chosen for a position for a wanted position can be hurtful, I understand that. But I think they were actually trying to be kind knowing that you would be hurt.