If you have ever been passed up for a promotion at work you might have been left wondering why you did not receive the position.
For many people it is a matter of having lots of qualified candidates for one position, but for other employees it could be that they were passed up for a promotion due to their gender.
Employees are protected from discrimination or harassment on the basis of gender, race, religion, disability in Title VII of the Civil Rights Act of 1964. An employer cannot deny a promotion to a candidate based upon gender or any of the protected categories.
If you believe that you have been denied a promotion due to your gender, then you need to take action immediately.
You Are Required To Prove Intent
One of the biggest challenges with gender discrimination cases is that you must provide evidence that you were passed up for a promotion because of your gender.
Since it is difficult to prove what someone is thinking when they make hiring decisions, proving that you were denied a promotion based on your gender is a huge challenge.
Because it is so difficult to prove intent, it is in your best interest to speak with an employment attorney early in the process so that you can gather the proper evidence to support your claim.
Gathering Evidence
Evidence is key in gender discrimination cases.
To help build your case, you should have copies of your resume or CV, your work history and qualifications so that you can demonstrate your ability to perform the duties required of the role.
You can speak with the hiring supervisor directly and ask why you were not given the job. Make notes of the reasoning and compare them to your work history and resume to see if they match up.
You should follow up the meeting with the hiring supervisor with a meeting with human resources to explain that you believe you should have been given the position based on your qualifications.
If they do not offer you an explanation that makes sense, then you should consider filing a gender discrimination complaint.
Going Forward
Speaking with an experienced employment attorney can give you the clarity you need when it comes to your next steps. If you have a strong case, you can consider filing a complaint with the Equal Employment Opportunity Commission (EEOC) or you can file a private lawsuit. An employment attorney can help you with either scenario.
Having an expert working on your behalf is particularly helpful in this situation because you might be fighting to receive the promotion that you were denied, making it a very sensitive and delicate situation.
Your attorney will be able to make sure that you have all of the evidence you need to build a strong case while also ensuring that you have not experienced any retaliation as a result of your report.
An employment attorney will be able to help you obtain the biggest settlement you might be entitled to, including lost wages, promotion, legal fees and possible compensation for emotional distress.
Another big benefit is that many employment attorneys work on a contingency basis, so you only pay if you win your case. Though working with an employment attorney does not guarantee that you will win your case, it does greatly improve your chances of success.
To learn more about how an employment attorney might be able to help you, fill out a free case evaluation.
