I Shouldn't Have Been Passed Up for That Promotion

Was I Wrongfully Denied Advancement?

Discrimination can occur at every stage of employment – in the hiring or application process, every day in the workplace, at the point of termination, and yes, even when it comes time for a promotion or opportunity within the company or institution. Of course, certain factors need to be met.

First, we need to make sure that what occurred was in fact discrimination. The easiest way to explain it in this particular context is through an example. Imagine you’re a shining employee, have paid your dues and then some, have even been implied an advancement, and when the time came, you were passed up by another employee whose performance is at a lower level than yours, and the only difference between you two is your race, gender, sexual orientation, physical ability or other deciding factor beyond your control. This sounds very much like discrimination, but it’s difficult to prove.

What You Can Do to Prove This

Unfortunately, private enterprises are allowed to run their operations almost as they see fit, as long as they are not engaging in anything illegal. They tend to hide behind this in instances like this.

But, if you feel you have been victimized by discrimination, you can do one or all of these things:

  1. Assuming you have one, discuss the decision with an inside friend in management who may have overheard their reasons. If he or she confirms passing you up for the promotion was discriminatory in nature, you may have a case, if that person is willing to testify.
  2. If your job is measured in quantitative terms, such as a sales position, and with the help of our firm, we may be able to get our hands on these records that would show you as the fitter person for the advancement opportunity, if production was the only factor in the decision.

A Note on Nepotism

This is a topic that comes up quite often in California employment discourse. It refers to the practice of giving opportunities based on who one knows, likes more, or is related to, instead of to the individual who merited it the most. This could be illustrated as your boss’s son-in-law getting the promotion instead of you, even though you work harder and are more qualified in every way. While this is incredibly unfair, and unethical, that’s all that it is in California. It is not illegal.

If you feel that you could have only been denied that advancement opportunity because of your race, gender, disability, or other factor that would be discriminatory, call our firm today at (310) 986-2792 to begin pursuing a claim!