Q. We rarely post high-leveljobs internally. Must all jobs be posted internally so someone can’t file suit claiming “pre-selection” or that he never had a chance to apply?
A. There is no legal requirement for employers to post jobs internally prior to posting them externally.
Employers are free to determine recruitment policies and procedures as they see fit, as long as the policies do not discriminate against applicants based on protected characteristics such as race, religion, age, disability, national origin, etc.
You should be consistent in determining whether to post high-level management jobs internally. Do not post some but not others.
If you have affirmative action obligations and you do not have proportionate representation of women or minorities in high-level management jobs, you may want to consider posting externally to broaden the diversity of your applicants.