It hurts to get denied a promotion, but the feeling is even worse when it seems like the process for choosing who gets promoted is discriminatory. If you suspect that your employer was considering other qualities of yours instead of your productivity and qualifications, you may have recourse. You should talk to a Los Angeles employment discrimination lawyer from our firm as soon as possible.
What Are Valid Reasons to Be Denied a Promotion?
There are many valid reasons to be denied a promotion at work. It’s a good idea to really be honest with yourself here. It may be possible that you were passed over for a better position because of your:
- Lack of experience
- Poor record of performance in your current position
- Missing qualifications for the new job
- Inability to do the job, even with accommodations
However, if none of these apply to you and you have evidence that they do not apply to you, you may have a case. Let’s say that the person promoted lacks the credentials or degrees that you do, or they have less experience. Or maybe your boss says the problem is your job performance, but you have years of reviews, emails, and other correspondence singing your praises. This could be suspicious behavior on the part of your employer.
What Would Be Considered Discriminatory Reasons to Be Denied a Promotion?
Federal law protects workers from being discriminated against based on certain traits. This means that you cannot be denied a promotion based on age, sex, religion, race, or other similar qualities. These are things that you cannot control, so they should not factor into the conversation about hiring and promotions. If an employer is making these important decisions based on characteristics like age or race, they could be in trouble.
What Should I Do If I Suspect Discrimination?
If you suspect discrimination, you should first report it to the California Department of Fair Employment and Housing, also known as DFEH. You can also report to the Equal Employment Opportunity Commission, or the EEOC. These entities can investigate an employer and attempt to mediate if they did violate the law. They could also pursue civil action on your behalf or allow you to sue for damages.
How Can an Employment Lawyer Help?
An employment lawyer can be helpful if you are given the opportunity to sue, but they can also help you from the very beginning of this process. They can evaluate your complaint and tell you if you have a potential case for discrimination. Then an attorney can help you make the most convincing complaint possible to the EEOC or DFEH.
Contact Our Legal Team
So if you suspect that your employer is acting in a discriminatory way, let us help you hold them accountable. Contact RD Law Group and schedule a consultation. We can help you report your employer if you have a valid complaint.