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  1. #1
    Join Date
    Sep 2015
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    3

    Default Can I Be Denied a Promotion Because of the Way I Walk

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

    I work in a retail store and about 4 months ago, as a cashier at the store, I applied for an open full time department department lead position. This position comes with a 50% raise. My manager told me I would get this position. So far, I have taken on the responsibilities of the position and even improved the department in terms of efficiency and upkeep.

    Yet, I'm in the doldrums; I still have not gotten the raise. Full time is defined in my handbook as 35+ hours on average a week. What my manager has done for the past 4 months is alternate between 35 hours and 25 every couple of weeks so I don't average at 35.

    I asked him a few weeks ago, why I wasn't getting the raise and he told me to improve my sense of urgency, which I am confident I have no problems with, several coworkers, including co managers, have complimented me on my efficiency and sense of priority. However, I stepped up my game and broke some personal records processing freight, pricing merchandise, inventory. I recieved hardly any praise aside from his raised eyebrows and "That's great".

    Today, I politely asked him about the raise, and he told me again my "sense of urgency" needed improvement. I asked him what he meant and he said everything. I politely disagreed and hilighted my improvements. He agreed that I had done very well and said that perhaps it's the way that I walk. People since childhood have always told me that I have a swagger and springiness in my step. I really can't help it and I'm not lazy. Another coworker was present and heard everything. Is there anything I can do?

  2. #2
    Join Date
    Jan 2015
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    1,142

    Default Re: Can I Be Denied a Promotion Because of the Way I Walk

    Yes, there's no protected category in the law for people who have a certain sprightliness and swagger in their walk. Or who walk too slow, or too fast, or move too slow or too fast, or remind the employer of his great aunt whom he couldn't stand, or wear green socks to work. They can refuse you a promotion because they want to, end of story. Only if you were being denied a promotion specifically and demonstrably due to your being a member of a protected class, because you were a woman, an old person, a member of a certain religious group.. you know, those EEOC things, would there be any possible legal recourse in this situation.

    You might ask for a transfer to a different store, where there might be a different manager who would like you and be happy to promote you, or you might keep trying to change this person's mind. You might apply for another job elsewhere. Don't quit your job now, before you have another job, because you very likely would not be approved for unemployment while you were looking for something else. But your manager is not obligated to give you a promotion and it's not illegal to tell you it is because he doesn't like the way you move.

  3. #3
    Join Date
    Jun 2015
    Posts
    988

    Default Re: Can I Be Denied a Promotion Because of the Way I Walk

    There may be tremendous economic incentives for employer to game the policy so as to keep your wages and benefits low....and to do so is not illegal .....if you don't like how your boss treats you..you may vote with your feet via the exit door.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can I Be Denied a Promotion Because of the Way I Walk

    so your manager had never seen you walk before he said you would likely get the position? Sure seems like a long shot that that would be the reason given he had seen you walk many times previously.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can I Be Denied a Promotion Because of the Way I Walk

    Bottom line, yes, you can be denied a promotion because of the way you walk. And it's not even the silliest reason for a termination/failure to promote/disciplinary action I've ever seen. Granted, it makes the top ten, but it's not the top of the list.

  6. #6
    Join Date
    Sep 2015
    Posts
    3

    Default Re: Can I Be Denied a Promotion Because of the Way I Walk

    Thanks for all the replies, everyone. They're very helpful.
    Would my company's human resource department care to address my grievance or is this not serious enough/too "gray"?

  7. #7
    Join Date
    Jun 2015
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    988

    Default Re: Can I Be Denied a Promotion Because of the Way I Walk

    I don't see where this is an appropriate issue to take to HR.

  8. #8
    Join Date
    Sep 2015
    Posts
    3

    Default Re: Can I Be Denied a Promotion Because of the Way I Walk

    I thought handling employee complaints was one of their functions. Who would I submit my concerns to? My boss's boss, aka district manager?

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can I Be Denied a Promotion Because of the Way I Walk

    That depends on your HR department. I don't see anything wrong with making them aware of your concern, but it's unlikely that they are going to override your manager and order them to promote you. They don't generally make this kind of decision or any hiring decision; they act in more of an advisory capacity.

  10. #10
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Can I Be Denied a Promotion Because of the Way I Walk

    And keep in mind that going to HR and/or over your boss's head is not a job-protected activity. If you do this and your boss chooses to fire you over it, it would be perfectly legal. So think carefully before you do anything like this.

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