Trying to climb the ladder at work is a natural desire. When you work hard and believe you are on track for a promotion, it can come as a shock when someone else gets it instead. If you suspect that the reasons for the oversight hinged on something besides your work history, you may have a case for discrimination.
You have the right to challenge a promotion pass-over if you have taken the steps beforehand to set yourself up for success.
Do you have documented work reviews?
An employer may assert that your work performance was not at the same level as someone else’s, and this is the reason you did not receive the promotion. It is crucial that you ask for and receive timely work reviews on at least an annual basis, if not more frequently. When your employer documents these reviews, it serves as a record of your performance, and you can use it as evidence of unfair treatment.
Are you part of a protected class?
If you fall within what the law considers a protected class, it may serve as a reason for the court to step in and take a closer look at your treatment. According to the Equal Opportunity Employment Commission, a person cannot face discrimination based on
- Age
- Gender
- Sexual preference
- Color or race
- Religion
- Ethnicity
There are many reasons you did not get the position you wanted. Still, a court may hold your employer accountable for discrimination if any of them have to do with your status as a protected class.