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Can any of this be held against you for a promotion?

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One of my superiors has left our location and I am so qualified for the job... however, I have been sitting down with my bus a few times in the past I would say 4 months and a couple of things have been coming up in conversation.
1) an injury that did not occur at work.
About 3 years ago, I sprained my ankle and ripped the Achilles Tendon from its place... I have not had surgery or anything like that for it, and it doesn't bother me 95% of the time. On my last days of the work week, tht's when they start bothering me... IT DOES NOT AFFECT MY WORK. I still walk and hurry around like crazy. She claims that it's going to be a liability. I don't complain about it, I don't fuss, I don't even mention it... It's not something that is in the way.
2) My nephew passed away in August due to Cancer at the age of 6.
I have been strong about it, except for when I am at the end of my wits and about to lose it... well, she brings it up all the time now. "Do you think maybe it's because you are still grieving your nephew?" NO! It's not!!!

I want to grab that promotion and it would be a wonderful thing to have... but I know she will bring these points up and I am wondering if it legal when it comes to the labor board?!