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Protecting The Rights Of Employees

How can you prove promotion discrimination?

| Aug 28, 2019 | Firm News

When your employer does not choose you for a promotion, it can be disheartening and discouraging. It is even worse when it is a discriminatory choice. The Equal Employment Opportunity Commission states that it is unlawful for an employer to make promotion decisions because of race, religion, sex, disability, national origin or genetic information. 

If you are a victim of promotion discrimination, you may be able to file a lawsuit against your employer. Here are some pieces of evidence that are helpful in these cases. 

Initial proof

The basis of your claim hinges on whether there is evidence of the following:

  • Your belonging to a protected class
  • Your applying to and qualifying for an available promotion
  • Receiving a rejection despite your qualifications
  • The employer keeping the position open or filling it with another individual

If you can prove these aspects of your case, then it is up to your employer to provide a valid reason for denying you the promotion.

Evidence of discrimination

Your employer will likely provide a non-discriminatory reason for denying you. But you can still show the true motivation behind the decision. For example, you may be able to show that similar employees belonging to a different race or gender receive better treatment than you. There may also be proof of inconsistent reasoning from your employer. 

Better qualifications

Proving you are the candidate with the best qualifications is the most vital aspect of your claim. You can prove this in a variety of ways. One method may be providing the court with job performance evaluations, awards or bonuses. Testimony from managers and colleagues can also help. You may also have evidence that the chosen candidate lacks proper qualifications or experience in a core aspect of the position. 

If you have confidence in your ability to gather this type of evidence, you may want to pursue a discrimination lawsuit.