Promotion Based on Certification Requirements

My question involves labor and employment law for the state of: Florida

I hope someone can help answer some questions I have on the legality of promoting someone without advertising a job opening that is based on having certain qualifications.

To start with, our corporate handbook states that all internal transfers and promotions will go through our career opportunities page and HR dept., but several positions are not advertised and are filled by using "the good ole boy system". I know that seniority and performance have little to do with promotions, but there are other factors that are in effect here. I work as an FAA certified Airframe and Powerplant mechanic. In order to get a promotion I must be certified as an FAA Aircraft Inspector. I was told by my supervisor when asked about the training required to get the certification (which is a week long class I must attend taught by an FAA certified school) that the company would not pay for the class unless I was offered a position as an Inspector.

The question I ask is: Is it legal for the supervisors to select who they want to promote and send them to get certified without advertising a job opening. I did go to the school and got certified, but was passed over by those that were not qualified for the position who once selected were sent to the required class while the company paid for it.

Thanks for any advice on how to handle this situation.

Nothing illegal about it.

Agree, this is a perfectly legal practice.

Many school teacher receive pay increases based in part on their education. They must fund their own eduction as well. Any company that requires a manager to have a degree, does not pay for the degree. The person hoping to be selected must pay for it.

So there is nothing illegal about paying for certain employees to go to school and get qualified for a position, and other employees told they must take time off and pay for the certifications themselves in order to be competitive?

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Quoting fmattson

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"the good ole boy system".

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Is this a reference to gender, ethnicity or race discrimination?

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Quoting fmattson

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certain employees

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Is the preference based on race, ethnicity, gender?

Not based on race, ethnicity, or gender...but if you worked for our supervisor in a previous career. I guess I have nothing to do but put up with the system in which I am dealt. Maybe nothing "illegal" about my supervisors actions, but I feel definately "unethical" and "immoral".

It would only be illegal if the decision to train some workers and not others was based on things like race, religion, age, disability and/or gender.

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Quoting fmattson

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Not based on race, ethnicity, or gender...but if you worked for our supervisor in a previous career. I guess I have nothing to do but put up with the system in which I am dealt. Maybe nothing "illegal" about my supervisors actions, but I feel definately "unethical" and "immoral".

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Whether an act like that is immoral or unethical is a matter of personal opinion. As for the law, just like with hiring/firing, you can base a promotion on a good reason (e.g., based on merit) or on no reason (e.g., based on a whim) but not on a bad reason (e.g., based on race).

Actually, that's not correct. You CAN base it on a bad reason - just not an illegal reason. Not all bad reasons are illegal.