If I Was Denied a Promotion, Can I File an Employment Discrimination Claim?

If you were recently denied a promotion at your current place of employment, and if you feel certain you were qualified and eligible for the promotion, you may be wondering if you experienced unlawful discrimination or retaliation. For any employee in this situation, you are likely wondering: can I file an employment discrimination claim? It will depend on the specific details of your case, but you may be eligible to move forward with a claim under state or federal law. Our South Florida employment discrimination attorneys can tell you more.

Was the Promotion Denial a Result of Unlawful Discrimination or Retaliation?

First, do you have evidence that can show your promotion denial may have been the result of unlawful discrimination or retaliation?

As far as discrimination goes, it is unlawful to treat employees differently on the basis of race, color, national origin, religion, sex, pregnancy, age, disability, genetic material, and more. If your employer has engaged in any adverse treatment of you or other employees, or made such discriminatory comments, you could have a claim. Similarly, if you recently filed a claim or participated in any type of workplace discrimination or safety investigation and you have reason to believe your employer is retaliating against you, then you also may be eligible to file a claim.

Is Your Employer Required to Comply with State or Federal Discrimination Laws? 

Next, is your employer required to comply with state or federal employment discrimination laws? The Florida Civil Rights Act (FCRA) applies to employers with 15 or more employees. Most federal laws also apply to employers with 15 or more employees, though certain federal laws only apply to employers with 20 or more employees.

Can Your Employer Show a Valid Reason for Denying the Promotion That Was Not Discriminatory? 

Finally, what evidence is your employer likely to produce to attempt to show that they had a valid reason for denying your promotion? This is how an employer may be able to successfully defend against a discrimination case that alleges an unlawful promotion denial.

While such evidence is not a reason to avoid filing a claim, it can help you and your lawyer to plan the course of your case and the evidence you will need in order to hold your employer accountable and to obtain a remedy.

Contact Our Palm Beach Gardens Workplace Discrimination Attorneys for Assistance with Your South Florida Claim 

Were you recently denied a promotion at your place of employment, and do you have reason to believe that you were denied the promotion for reasons that were discriminatory or retaliatory? If so, it is critical to discuss the details of your case as soon as possible with an attorney who can help you. One of the experienced Palm Beach Gardens workplace discrimination lawyers at Sconzo Law Office can speak with you today to learn more about your experience and to advise you on your eligibility for moving forward with an employment discrimination claim under the FCRA in Florida or under a relevant federal law. Contact our firm to learn more about the employment discrimination services we provide to job applicants and employees in South Florida.

Sources:

eeoc.gov/youth/what-laws-does-eeoc-enforce

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0760/0760PARTIContentsIndex.html