Under Title VII of the Civil Rights Act of 1964 there are several protected categories including age, gender, religion, race and disability.
When hiring managers are looking to promote someone from a pool of candidates, you want to believe that they are judging everyone equally, but when you know that you are qualified for a position and you do not receive it, you might wonder whether or not you were passed over because of your age.
While intent is very difficult to prove, if you believe that you have been denied a promotion because of your age, then you need to take action right away.
You Are Required To Prove Intent
In some cases, you can point to your qualifications and prove that you were the better candidate over the person who was given the job. However, when there are multiple qualified candidates then proving that you were denied because of your age is even more challenging.
If the person who received the promotion is older than you are, then you cannot claim age discrimination because age discrimination is based on people who are aged 40 and above.
On the other hand, though, if the person who received the position is younger than you are, then you can use that to help build your case.
Given how difficult it can be to prove intent, it is beneficial to work with an experienced employment attorney who can help guide you through the process.
Gathering Evidence
Age discrimination cases are tricky because you have to prove that your age was the motivating factor for being denied the promotion. If the person who gets the promotion is younger than you are, then you can work from there.
The most important pieces of evidence that you can provide are a copy of your resume, your qualifications and your work history.
Your resume demonstrates your experience, your qualifications demonstrate that you are capable of performing the demands of the promotion and your work history is an indicator of job performance.
You need to meet with the person who is in charge of hiring decisions, whether that is your supervisor, another manager or someone in human resources, to find out why you were passed up for the promotion.
If the hiring manager starts to make excuses about the decision, possibly highlighting tardiness or other infractions, then you need to document that as part of your evidence.
Once you gather as much information as possible, you need to report to human resources to inform them that you are unhappy that you were passed over for the position.
Someone there should be able to clearly explain why you were passed over for the promotion, but if all you get is excuses and interference, then you really need to think about filing a claim against your employer. To help ensure that you have a strong case, you should speak with an employment attorney.
Going Forward
There are a number of reasons why an employment attorney can be very helpful in an age discrimination case. Not only is filing a claim against your employer stressful, but if you want to continue working for the company you need to make sure that you are protected against retaliation.
Working with an employment attorney is also beneficial because your attorney will help make sure you have everything you need for a strong case. The stronger the case, the better the chances of winning are. If you win your lawsuit, you may be entitled to recover damages from your employer.
Though working with an employment attorney does not guarantee that you will win your case, it does greatly improve your chances for success, and it can help ensure that you receive the maximum settlement available.
Many employment attorneys work on a contingency basis so you do not owe any money upfront and you only pay if you win your case, which means there is very little risk in hiring an attorney to help guide you through the process.
To learn more about how an employment attorney might be able to help you, fill out a free case evaluation.
