Can I Sue for Discrimination if I Was Passed Over for a Promotion?
Promotions are quite important. A promotion can result in an employee receiving better pay, something which can highly benefit an employee and their family. It can also help an employee advance in their career. While society has come a long way, the reality is that a lot still needs to be done. Promotion discrimination still exists in the workplace. Unfortunately, unfairly denying an employee a promotion can cause real harm. However, the good news is that employees who fall victim to promotion discrimination in the workplace can recover damages by filing a discrimination claim.
If you were passed for a promotion at your workplace, does it mean you can sue your employer and recover damages? It depends. You can only sue your employer and recover damages if they refused to promote you based on your membership in a protected class under Title VII of the Civil Rights Act of 1964 and the NJLAD. If your employer had a legitimate reason for refusing to promote you, you cannot sue them and recover damages.
Legitimate Reasons for Refusing to Promote an Employee
Being denied a promotion is not an easy thing to deal with. However, the truth is that if you were denied a promotion, there is a possibility the employer has a legitimate reason for denying you the promotion. The following are some permissible reasons why an employer might decide not to promote an employee;
- Lack of enough experience
- Not possessing the required qualifications for the position
- Poor record of performance at current job
- Employees cannot perform the job even if the employer offers them reasonable accommodations.
That said, if your employer denied you a promotion and is claiming they have a legitimate reason for refusing to promote you, it is vital that you avoid easily believing them. Talk to a qualified employment lawyer and let them help you determine if it is true your employer has a legitimate reason for refusing to promote you.
Promotion discrimination occurs when an employer denies an employee a promotion based on the employee’s membership in a protected class under Title VII of the Civil Rights Act of 1964 and the NJLAD. The following are some of the protected traits in the United States of America;
- National origin
- Religious belief
- Veteran status
- Marital status
- Sex, gender, gender identity, or sexual orientation
If you believe an employer refused to promote you because of your membership in any of the above-mentioned protected classes or any other protected class not mentioned here, you should reach out to an employment lawyer. Working with an experienced lawyer can ensure you recover the damages you deserve.
Damages Recoverable in a Promotion Discrimination Claim
The damages you recover in your promotion discrimination claim depend on your case’s specifics. However, the following are some of the damages that might be available in your promotion discrimination claim;
- Lost wages
- Attorney’s fees
- Emotional distress damages
- Lost benefits
Contact Us for Legal Help
If your employer denied you a promotion, and you want to know if you have a valid promotion discrimination claim, contact a skilled and dedicated New Jersey employment lawyer at the Trabosh Law Firm.