Discrimination

[Concerned211]

Is it fair practice to transfer one higher position in one agency for a lesser position in another agency that consists of a current employee's duties? What if someone else is hired for the position, what happens to his/her employment? Or is it illegal to set it up in such a way that the position created defaults to him/her getting it regardless of the qualifications of other candidates? Is this practice ethical? Are there any procedures/manuals available for me to review regarding this?

 

[army judge]

You should start by discussing this with your EEOC rep or HR rep.

Only a court can say what is legal, and what isn't legal.

 

[txls]

You really didn't give us enough information to go on but keep in mind something may be unfair and/or may be discriminatory but may not be in any way illegal, and even if it is illegal discrimination, it's usually quite difficult to prove. You can find lot's of information on the web regarding illegal discrimination.

 

[cbg]

As I have said before, the law does not care what is fair; the law only cares what is legal. Based solely on what you have posted here, there is no evidence of any laws having been broken or any illegal discrimination.

If you want to provide additional information, we can reassess.

 

[Betty3]

Agree; based just on what you posted, I don't see anything illegal being done. I "doubt" there is a binding employment contract to the contrary. You certainly can furnish additional info as to why you believe it is/might be illegal.

"Unethical" and/or unfair does not always mean illegal.

 

[ElleMD]

You use the term "agency", which makes me think you are talking about public sector employment. There are some guidelines which govern the practice of creating positions and transferring those positions to different agencies but it is very agency and situation specific.