b'WPMA Associate NewsThe SHI s m The SHIELDELD smfor Business OwnersINTERNALvs EXTERNAL HIRING?AnswerIt is generally a business decision whether to consider internalers to support qualified employees in their professional develop-candidates for a particular position. There is no specific require- ment. It cannot be guaranteed that an employee will be satisfied ment that an employer consider internal candidates. However, with an employers unilateral decision that the employee will if a company has a policy regarding accepting applications not be permitted to work in a different department. An employ-from internal candidates, that policy should generally be ment decision that does not support an employees interest in followed. If the policy does not provide for the flexibility advancement could lead the employee to seek that advancement that is needed, it should be amended and the new policy outside the company. If the employee is otherwise well-qualified communicated to employees. and valued, the employer could be losing a valuable asset while It is common for employers to request approval from an internalalso failing to keep original department well-staffed.candidates current manager before making an offer to theEmployers should take care to ensure that any employment candidate or authorizing a transfer. However, you may wish todecision should not discriminate against employees based on consider the effect that rejecting an applicants request due to theany protected classes under federal or state law. Even if dis-needs of their current department will have on the employeescrimination based on a protected trait is unintentional, it is still morale and their future employment with the company. An em- unlawful. However, on its own, status as a current employee is ployee who is otherwise qualified for the position but is passednot a protected trait and it would not be illegal discrimination to over for this reason may become disgruntled and may end upnot consider internal candidates. However, fairness could still leaving the company altogether. be an issue in this type of situation, especially if other current An employer or manager may think that keeping an employee inemployees from other divisions are considered. Ultimately, the their current position would be the best result for the companyemployer will need to make a decision based on the needs of its as a whole. However, employees will also want to prioritize theirparticular workforce and its specific priorities.own career interests and it is generally recommended for manag- SWPMA News / Summer 202243'