Generally, this kind of decision is unlawful. Employers cannot discriminate against employees in promotion decisions on the basis of a disabling medical condition, which her fibromyalgia may be, depending upon how serious and debilitating it is. Even if it's not, she may have a claim if the employer perceives her as disabled due to the fibromyalgia. These cases are fact-specific, so she should call us to schedule a consultation.
Answered on Mar 19th, 2014 at 4:08 PM