Unfair Promotion Practices

Attorney advertisement by Joanna Ghosh of Lawyers for Justice, PC, headquartered at 450 N Brand Blvd, Glendale, CA 91203

Promotion discrimination occurs when an employer unlawfully denies an employee a promotion based on protected characteristics such as race, gender, age, or disability. In California, state and federal laws work together to protect workers from this form of workplace discrimination. Here are a few discrimination laws in California that employees need to know if they’re thinking about pursuing a discrimination claim.

Key Laws Protecting Workers Against Promotion Discrimination

1. California Fair Employment and Housing Act (FEHA)
   • FEHA prohibits employers with five or more employees from discriminating against workers based on protected characteristics, including race, gender, sexual orientation, religion, age (40 and older), disability, and more.
   • FEHA also makes it illegal to retaliate, or possibly make an adverse employment decision, against employees who report discrimination or participate in investigations.
2. Title VII of the Civil Rights Act of 1964
   • A federal law that prohibits employment discrimination based on race, color, religion, sex, or national origin.
   • Applies to employers with 15 or more employees.
3. Americans with Disabilities Act (ADA)
   • Protects employees with disabilities from discrimination, including in promotion decisions, and requires employers to provide reasonable accommodations.
4. Age Discrimination in Employment Act (ADEA)
   • Protects workers aged 40 and older from age-based discrimination, including denial of promotions.
5. The Equal Employment Opportunity Commission is also a great resource and helps to “federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy, childbirth, or related conditions, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information.”

Recognizing Promotion Discrimination

Promotion discrimination can take various forms:

• Denying a promotion to a qualified employee while favoring someone less qualified, due to bias.
• Imposing unfair promotion criteria that disproportionately affects certain groups.
• Retaliating against employees who complain about unfair promotion practices.
• Using subjective or inconsistent standards to evaluate candidates for promotion.

Steps to Take If You Suspect Promotion Discrimination

1. Document Evidence
   • Keep records of your qualifications, performance reviews, and any communication related to the promotion process.
   • Note instances of discriminatory remarks or actions that may indicate bias about job performance.
2. File an Internal Complaint
   • Report the issue to your employer’s human resources department or follow your company’s internal grievance process.
   • Ensure your complaint is documented in writing.
3. Consult an Employment Attorney
   • Experienced employment law attorneys, like the ones at Lawyers for Justice, PC, can help evaluate your case, explain your rights, and guide you through the legal process regarding unfair treatment.

Remedies for Promotion Discrimination

Victims of promotion discrimination in California may be entitled to various remedies, including:

• Back Pay: Compensation for lost wages and benefits due to the denied promotion.
• Front Pay: Future earnings lost due to the discriminatory action.
• Emotional Distress Damages: Compensation for mental anguish caused by the discrimination.
• Punitive Damages: In cases of egregious misconduct, additional damages to punish the employer.
• Reinstatement or Promotion: Placement in the position you were unfairly denied.

How To Prove Failure To Promote

Discriminatory behavior regarding promotions occurs when an employee is unfairly denied a promotion, usually after going through the initial hiring process, due to factors unrelated to their qualifications or job performance.

These types of workplace discrimination, or discriminatory practices, are illegal under both federal and California state laws, such as Title VII of the Civil Rights Act of 1964 and the California Fair Employment and Housing Act (FEHA).

Employees who feel they have a valid claim are encouraged to call LFJ to seek justice.

What are Examples of Promotion Discrimination?

1. Gender Discrimination:
   • A qualified woman is passed over for promotion in favor of a less-experienced male colleague because of outdated stereotypes about women’s leadership abilities.
2. Racial Discrimination:
   • A highly capable employee of color is denied a promotion, even though they meet the objective criteria of their job, or their performance exceeds that of other candidates, due to racial biases within the decision-making team.
3. Age Discrimination:
   • An older employee is overlooked for a promotion in favor of a younger, less-experienced candidate, based on assumptions about the older employee’s adaptability or future tenure.
4. Disability Discrimination:
   • A disabled employee who meets all the qualifications for a promotion is denied the opportunity because the employer assumes their disability will impact their ability to perform in a higher role, despite no evidence to support this belief.

Steps to Prove and Pursue a Claim

To successfully pursue a promotion discrimination claim, you’ll need to gather evidence and follow a structured process. Here’s how to approach it:

1. Document the Discrimination:
   • Keep records of your qualifications, performance reviews, and any communication related to the promotion decision.
   • Note any remarks or actions that suggest bias, such as discriminatory comments or inconsistent application of promotion criteria.
2. Compare Treatment:
   • Identify coworkers who were promoted instead of you and compare their qualifications and performance with yours. This can help establish whether discrimination played a role.
3. Report the Issue Internally:
   • File a formal complaint with your employer’s Human Resources department or follow the company’s grievance process. Document your complaint and any responses you receive.
4. Consult an Employment Attorney:
   • An attorney specializing in workplace discrimination, like the ones at Lawyers for Justice, PC, can evaluate your case, advise on the strength of your claim, and help you gather additional evidence.
5. File a Formal Complaint:
   • In California, you can file a complaint with the Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC) at the federal level. These agencies will investigate your claim and may offer mediation or other remedies.
6. Litigate, If Necessary:
   • If the issue isn’t resolved through mediation or administrative processes, you may file a lawsuit against your employer. Your attorney can guide you through this process and represent you in court.

Attorney advertisement by Joanna Ghosh of Lawyers for Justice, PC, headquartered at 450 N Brand Blvd, Glendale, CA 91203