Q & A Session – Promotion held up by Investigation


Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.


I have been employed by an agency for a number of years and for the last three years I have applied for several promotions which were denied due to an open investigation levied against me. Is this legal or is it a form of discrimination?


Promotions are often denied because of an open investigation. It is not illegal, but it is not a specifically permitted practice. It can be discrimination if the practice is applied disproportionately to minorities or women or if it is done to retaliate for prior EEO activity.

Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.

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