Getting passed over for a promotion is disappointing — but if it happened because of discrimination, it may also be illegal. In California, employers cannot deny promotions based on race, gender, age, disability, religion, sexual orientation, national origin, or other protected characteristics. If you suspect discrimination played a role, here’s what you should do.
Understand Your Rights
Both California’s Fair Employment and Housing Act (FEHA) and federal laws like Title VII of the Civil Rights Act prohibit discrimination in promotions. If you can show that a protected characteristic influenced the decision, you may have a valid claim.
For example:
- A less qualified colleague of a different race or gender was promoted instead of you.
- Your employer made comments about your age or disability during the process.
- You were overlooked after taking maternity leave or reporting workplace harassment.
Gather Evidence
Proving discrimination often requires building a strong case. Start by collecting:
- Emails or written communication about the promotion process.
- Performance reviews and qualifications to show you were a strong candidate.
- Notes about any biased remarks or treatment.
- Information about who was promoted and their qualifications.
Keeping detailed records helps support your claim and shows patterns of unfair treatment.
File an Internal Complaint
Before pursuing legal action, consider filing a complaint with your company’s HR department. This shows that you took steps to resolve the issue internally. Make sure to document all interactions.
Contact an Employment Lawyer
If internal efforts don’t resolve the issue, consult an experienced employment law attorney. They can help you file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC) — necessary steps before filing a lawsuit.
Don’t stay silent if you’ve been denied a promotion due to discrimination. You may be entitled to compensation and other remedies.
Contact our firm today to discuss your case and protect your rights.