When can I sue for promotion discrimination?
  1. Home
  2.  | 
  3. Employee Rights
  4.  | When can I sue for promotion discrimination?

When can I sue for promotion discrimination?

On Behalf of | Feb 10, 2022 | Employee Rights

If you believe you did not receive a promotion because of discrimination, you may file a legal action based on it reflecting a violation of federal labor law. As noted by Chron.com, a manager may have practiced discrimination by using age, disability, gender, race or religion to make a decision regarding a promotion.

You may submit evidence showing how a manager promoted another employee despite your higher qualifications. Your claim, for example, could describe the specialized on-the-job skills training you received. You may explain how you would have obtained the promotion but for a manager’s bias.

What useful information can I find in my personnel file?

By contacting human resources, you may ask to review your personnel file. The U.S. Equal Employment Opportunity Commission’s website offers details regarding an employer’s recordkeeping requirements. Your personnel file may contain materials to assist you in proving your discrimination claim.

You may, for example, review payroll records and benefits received. Employers must include information about their salaries and merit systems and describe how employees earn their compensation packages. You may also review records related to job performance, disciplinary actions and evaluations.

How can my employment records help my claim?

Your past performance reviews may have relevance to your discrimination claim. The Fair Labor Standards Act requires employers to explain how they determine their employees’ compensation. Your pay, for example, could reflect your qualifications or reflect performance-based merit raises. You may show that another employee did not perform as well as you, but received a promotion instead because of your race or gender. If so, you may assert your right to relief.

Promotion discrimination violates federal and Arizona state employment laws. Employees may file a lawsuit to receive back pay or benefits that they could have received if not for a manager’s unlawful bias regarding a promotion.