Denied Promotion Due to Discrimination

According to the federal anti-discrimination laws that are enforced by the Equal Employment Opportunity Commission (EEOC), employers are prohibited from discriminating against individuals due to their race, color, religion, sex (including transgender status, sexual orientation, and pregnancy), national origin, age, disability, or genetic information. This applies to every phase of employment, including decisions regarding job assignments and promotions. If you were denied a promotion for discriminatory reasons, this is a violation of your legal rights. However, it can be difficult to prove that your promotion was denied due to your race, religion, sexual orientation, disability, or any other protected characteristic. A highly skilled discrimination lawyer will conduct a thorough investigation, collect the evidence necessary to prove your claim, and negotiate the best possible settlement outcome.

What Are the Common Signs of Promotion Discrimination?

Your employer is entitled to pass you over for a promotion or promote another employee whom they believe is more qualified for the position. However, you may not be denied a promotion for discriminatory reasons, particularly if you have the experience and qualifications to successfully carry out the job responsibilities. The signs of promotion discrimination can be subtle, so it is important to be aware of some of the common behaviors or comments that qualify as discriminatory, including the following:

• Your supervisor did not provide a clear reason as to why you were passed over for a promotion.
• Your supervisor has made discriminatory comments towards you in the weeks, months, or even years leading up to you being considered for a promotion.
• You started to notice a pattern of other workers who are part of a protected class who were also denied a promotion.
• Other employees who were less qualified than you, but were not part of a protected class, were promoted instead of you.

What Are the Major Indicators of Promotion Discrimination in the Workplace?

If you are passed over for a promotion, this can seriously impact your job satisfaction and prevent you from being able to advance in your career and collect a salary that reflects your increased responsibilities. Recognizing the signs of promotion discrimination is a crucial step in ensuring that your legal rights are protected and that you prevent the discriminatory behavior from continuing. The following are common indicators of promotion discrimination:

• Employers consistently bypass certain groups. When employers have a habit of disregarding certain groups of employees when it comes to promotions, this is an indicator of promotion discrimination. For example, if an employer consistently overlooks employees for advancement opportunities based on their gender, race, age, or other protected characteristic, this suggests a pattern of discrimination.
• Lack of transparency. Promotions should be based on merit, job performance, and other relevant qualifications. If an employer is unclear about the criteria that must be met to be considered for a promotion, or if there is a pattern of passing over certain employees for promotions based on biased judgments, this could suggest discriminatory behavior.
• Differences in compensation and benefits. If employees who are not part of a protected class consistently receive better compensation and benefits packages compared to their counterparts who are from unrepresented groups, this could indicate a pattern of promotion discrimination.
• Morale within the organization. If employee feedback suggests that there is a widespread lack of diversity within the organization when it comes to promotions, this can lead to low morale and dissatisfaction among employees who are part of a protected class.
• Subjective decision-making. This occurs when employers promote certain employees based on personal relationships or subjective judgments as opposed to making important employment decisions based on objective criteria. For example, if an employer consistently promotes employees with whom they have a personal connection, and not individuals who are the most qualified, this could be a red flag for discriminatory behavior.

What Laws Protect Employees Against Promotion Discrimination?

There is a range of federal and state laws that protect employees from discrimination in the workplace, including promotion discrimination. However, despite these anti-discrimination laws, employees who are part of a protected class continue to experience unfair treatment when it comes to compensation and career advancement opportunities. In fact, a recent study found that over 40% of African American workers experienced unfair treatment in hiring, salaries, and promotions due to their race or ethnicity. Approximately 25% of Asian workers and 20% of Hispanic workers experienced similar unfair treatment. The following are examples of state and federal laws that protect workers against promotion discrimination in the workplace:

• New Jersey Law Against Discrimination (NJLAD). This is a state law that prohibits discrimination based on a protected characteristic. It applies to all phases of employment, including promotions and salary increases. NJLAD also protects employees in New Jersey from retaliation from an employer because they filed a failure-to-promote complaint.
• Title VII of the Civil Rights Act of 1964. This is a federal law that prohibits discrimination in the workplace based on race, religion, nationality, sexual orientation, disability, and other protected classes. If your protected characteristic played a role in your employer’s decision to deny a promotion, this is a violation of your employment rights.

How Do I Prove Promotion Discrimination in the Workplace?

If you believe that you have been passed over for a promotion for discriminatory reasons, you may want to consider filing an official complaint. To have a successful outcome, you will need to prove the following elements:

• You are a member of a protected class.
• Your employer denied your promotion.
• You were treated differently, or unfavorably, compared to other similarly-qualified employees who are not part of a protected class.
• Your differential treatment and memberships in a protected class have a causal relationship.

Establishing a causal relationship can be challenging. It is in your best interest to work closely with an experienced discrimination lawyer who will help gather evidence of discriminatory intent, witness statements, and other evidence to support your claim.

What Evidence Do I Need to Prove Promotion Discrimination?

If you have been passed over for a promotion, and you believe that the decision was based on discriminatory biases, you have the burden of proving promotion discrimination. There is a wide range of evidence that can help prove your claim, including the following:

• Communications by Employer/Supervisor: If your employer made comments that indicated discriminatory motives in their hiring or promotion decisions, you must keep copies of the emails, text messages, voicemails, or any other written or verbal communication made by your employer. Your testimony of what your employer said to you directly can also be used as evidence.
• Witness Testimony: If co-workers, other supervisors, or any other witnesses observed the discriminatory behavior, their statement can provide a firsthand account of what was said, and provide insight into the employer’s discriminatory hiring and promoting practices.
• Employee Performance Records: Performance evaluations, awards, and other recognitions demonstrate a pattern of consistently meeting or exceeding your job qualifications, and help demonstrate that you were unfairly denied a promotion due to discriminatory practices and unfair treatment.
• Statistical Samples: Statistical evidence can help demonstrate a pattern of discriminatory hiring or promoting practices by comparing your employment experience with that of other employees who are not part of a protected class. For example, if you have evidence that your employer has given 80% of promotions to men and only 20% to women, despite having similar experience and qualifications, this may suggest gender bias when making promotion decisions.

What Damages Am I Entitled to in a Promotion Discrimination Claim?

If you can successfully prove that there was a causal connection between the discriminatory behavior you experienced due to your protected class and your employer’s decision to deny your promotion, you may be entitled to the following damages:

• Back pay: This refers to the wages, bonuses, overtime, and other compensation you would have earned if you had been promoted.
• Front pay: This is the compensation for future lost wages and benefits until you can secure a comparable position.
• Reinstatement or promotion: The court may order your employer to grant you the promotion and restore your job status and compensation package.
• Compensatory and emotional distress: Also referred to as “pain and suffering,” compensatory damages are monetary awards in civil lawsuits that are meant to cover losses associated with being denied a promotion for discriminatory reasons.
• Punitive damages: These are awarded to penalize discriminatory behavior that is considered particularly egregious and discourage similar behavior from continuing to occur.
• Lawyers’ fees: You may also be entitled to the legal fees associated with your case, including lawyers’ fees, court expenses, and expert witness fees. This prevents the lawyers’ fees from cutting into your total recovery.

Our Experienced Cherry Hill Discrimination Lawyers at The Gold Law Firm P.C. Recover Maximum Damages for Victims of Promotion Discrimination in the Workplace

If you or a loved one was denied a promotion due to your membership in a protected class, it is highly recommended that you contact our Cherry Hill discrimination lawyers at The Gold Law Firm P.C. as soon as possible. Our dedicated legal team will determine whether discrimination was a factor, help you navigate every step of the claims process, and negotiate the best possible settlement outcome. To schedule a free consultation, call today at 215-569-1999 or contact us online. With office locations in Pennsauken, New Jersey, and Philadelphia, Pennsylvania, we proudly serve clients in the surrounding areas.