Is it legal to deny a promotion to someone who had an incident over 10 years ago?

UPDATED: Oct 1, 2022

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Is it legal to deny a promotion to someone who had an incident over 10 years ago?

I had someone report me for sexual harassment 13 years ago. I was terminated but later rehired. I was recently denied a promotion and told I’d never be promoted due to that incident.

Asked on March 19, 2018 under Employment Labor Law, Missouri

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unless you have an employment contract or union agreement to the contrary, your company can set the conditions of your employment much as it sees fit (absent sone form of leagally actionable discrimination). This means that you can be denied a promoation for the reason that you give or for any reason or no reason at all. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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