During the months and maybe even years building up to the time when you were eligible for a promotion, you may have worked diligently and been unquestionably committed to your career. This may have been the case. That is why it can be nothing short of tragic when you are passed up for a promotion that is handed to another person whom you may feel, either subjectively or objectively, to be far less deserving of the promotion. Continue reading to find out what actions you should take in the event that you are refused a promotion in an unfair manner, as well as how an experienced employment discrimination attorney at The Crone Law Firm, with offices in Tennessee, Illinois and Missouri, can provide assistance to you during this difficult time.
Identifying Discrimination in the Promotion Process
If I have been subjected to discrimination throughout the promotion process, how can I determine this?
It is essential that you have a clear understanding of the fact that your work organization possesses the capacity to pass you by for a promotion. Nevertheless, this is subject to the condition that they do not possess any unlawful grounds for carrying out the action in question. Under typical conditions, you should not be denied a promotion for any reason that is unrelated to the credentials you hold or the performance you have displayed on the job. This is because the promotion is based on your performance. The following are some symptoms that may indicate to the fact that you have been subjected to prejudice in terms of promotion:
- Your supervisor did not offer you a comprehensive explanation as to why you were not chosen for the promotion opportunity, despite the fact that you made every attempt to understand the reasons behind your decision.
- In the months or even years leading up to the chance of advancement that was provided to you, your superiors made remarks or behaved in a manner that was discriminatory toward you. This discrimination was directed toward you.
- A pattern has been observed in which other employees who belong to the same protected class as you have been denied promotions in the months or even years leading up to the opportunity that you were provided with. You have seen this tendency.
- It came to your attention that the promotion was awarded to a different worker than you, who is a member of a different protected class than you, but who has fewer employment qualifications than you have.
When all of that is taken into consideration, it is essential to emphasize that your “protected class” may consist of aspects such as your race, religion, age, gender, marriage status, pregnancy status, handicap, and other similar criteria.
Steps to Take If Denied a Promotion Unfairly
Which course of action should I take in the event that I am denied a promotion in an unfair manner?
If you have been denied a promotion in an unfair way, you have the option of submitting a complaint of employment discrimination with either the Tennessee Human Rights Commission or the United States Equal Employment Opportunity Commission. Both of these organizations are responsible for ensuring that employees are treated fairly in the workplace. You are required to establish, through this complaint, that there was a causal link between the discriminatory treatment you received due to the fact that you belong to a protected class and the subsequent rejection of your ability to develop in your profession. This is a requirement that you must fulfill. The use of images or videos, emails or text messages, complaints filed with Human Resources, and witness testimony suggesting discriminatory intent are all examples of ways in which this might be shown.
Potential Legal Remedies
As a result of all that has been said and done, if you are able to successfully establish that the failure to promote was unfair, then you may be entitled for any or all of the following legal remedies:
- The amount of money that is comparable to the amount of money that you would have earned if you had been promoted during the time period in question
- A monetary compensation for the benefits that you would have obtained if you had been promoted
- You are entitled to reimbursement for the costs that you incurred as a consequence of engaging legal representation and going through the legal procedure
- A payment for the costs that you should have paid as a consequence of the misery and grief that you experienced
- Punitive damages are intended to be a form of retaliation against your employer for unprofessional behavior
Contact The Crone Law Firm
In the event that you are contemplating bringing a claim for discrimination in the workplace, it is strongly suggested that you first contact one of the knowledgeable employment attorneys in the state of Tennessee. If you have any questions or concerns, please do not hesitate to contact us at The Crone Law Firm.