What if I Am Denied a Promotion Unfairly?

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You may have been tirelessly and undoubtedly committed to your work in the months, and even years, leading up to your promotion eligibility. This is why it may be nothing less than devastating when you are passed on a promotion that is given to another worker, who you may subjectively or objectively believe is far less deserving. Read on to discover what to do if you are unfairly denied a promotion and how a seasoned employment discrimination attorney in Gloucester County, NJ, at The Vigilante Law Firm, P.C., can serve as your support system during this difficult time.

What are signs that I experienced promotion discrimination?

You must understand that your employer is entitled to pass you over for a promotion. However, this is so long as they do not have unlawful reasonings behind it. Generally speaking, you must not be denied a promotion for any reason that is unrelated to your job qualifications or performance. Without further ado, below are signs that may indicate that you have been made the victim of promotion discrimination:

  • You failed to receive a clear reason from your supervisor as to why you were passed over for the promotion opportunity.
  • You faced discriminatory comments or behavior by supervisors in the months, or even years, leading up to your promotion opportunity.
  • You noticed a pattern of other workers of your same protected class being denied promotions in the months, or even years, leading up to your opportunity.
  • You witnessed another worker who has lesser job qualifications than you, but who is part of a different protected class, get the promotion instead.

With all that being said, it is worth mentioning that your “protected class” may be considered your race, religion, age, gender, marital status, pregnancy status, disability, etc.

What should I do if I am denied a promotion unfairly?

You may file an employment discrimination complaint with the New Jersey Division of Civil Rights or the United States Equal Employment Opportunity Commission in the event of being unfairly denied a promotion. With this complaint, you must establish that there was a causal connection between the discriminatory treatment you received due to your protected class and the ultimate denial of your promotion opportunity. This may be proven via photos/videos, email/text exchanges, Human Resources complaints, and witness testimonies of discriminatory intentions.

In the end, if you successfully prove the wrongful failure to promote, then you may receive any or all of the following legal remedies:

  • Money that compensates for what you would have earned with the promotion.
  • Money that compensates for the benefits you would have earned with the promotion.
  • Repayment for the costs you incurred from hiring a lawyer and undergoing legal proceedings.
  • Repayment for the costs you incurred due to your pain and suffering.
  • Punitive damages to punish your employer for their misconduct.

Even if you are just considering a workplace discrimination claim, it is best to first consult with one of the competent New Jersey employment lawyers. So please contact us at The Vigilante Law Firm, P.C. today.

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