Can an employer promote without posting the vacancy?

I made it specifically clear to my boss I was interested either a raise or any other open positions they might have in our office. She clearly stated there was none because the institution was under budget cuts. Three weeks later she says that the institution was approved for an additional recruiter position (this position was not posted) but I accepted it, on the same day I accepted my position as recruiter, she announces that a colleague in our office have accepted another newly created position (with our office) a position that was not posted either and in this new position the colleague would actually be my supervisor. Prior to all of this I had my own office and the colleague shared a cubicle. I was told I had to give up my office for my colleague and take the cubicle she had.

What has happen is that the institution did not give me a promotion what they did was switch my job with my colleagues job and gave her a promotion as supervisor over me. When I approached the vice president about what had happened she told me my colleague had been in the world longer then I was (I am 33 and African American) and my colleague is 44 and Caucasian and that she went with the candidate she felt more comfortable with. I have a masters degree and an education background my colleague does not and I have been in this office 3 years my colleague was there 1 year. Is this discrimination?

Anyway, check out the state laws for discrimination. Something like this happened on my job (State level) and several people were moved because of it. People can choose who they want to work with or ( feel more comfortable with) but it may come with a price. With your qualifications (education and years) and her lack of it may have grounds for a claim.

Sorry to say, I do not believe this is discrimination. Any company can do whatever it wants to do about who they promote, etc. It seems they think this other person is actually better for the job. End of story.

posting? Unless you are under union protection, a contract that states so, or civil service, no he probably doesn't have to post.

If you feel you've been discriminated against based on race, contact the EEOC. Your age difference will not qualify as a protected class for the EEOC

On the basis of what you say, it LOOKS like discrimination, but there is not enough information here. As for the jobs not being posted, that is a matter of company policy and has nothing to do with the law. As for being essentially demoted while the other person got promoted, I would have to know more about the situation. All you mention is education, age, time with the company and race. You don't mention what is (or at least should be) the most