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Strategic Legal Guidance For Every Aspect Of Your Work Concerns

Did being passed over for a promotion stem from discrimination?

In Florida, workers who are expecting to receive a promotion but were passed over will want answers. Although employers take steps to protect themselves from allegations of workplace discrimination and strive to have a fair and evenhanded employment and promotion process, there are times when employees see clear signs of having been discriminated against.

This could be due to age, race, national origin, gender identity, sexual orientation, and for other reasons. Before lodging a discrimination claim, however, the aggrieved employee must assess the circumstances and look for signs of having been treated differently for reasons other than their work performance. When considering a claim, having a basic understanding of state law is key.

What to should look for with a racial discrimination with promotions

In some cases, a person who believes they were discriminated against is simply unhappy with the employer’s decision and it was made based on merit. In others, there is evidence that they were not granted the promotion due to discrimination.

The employee needs to look for signs of discrimination and maintain a record of what occurred. For example, a superior might have made an offhand comment that suggested the person was not getting the promotion because of their age. That could be crucial when considering legal action.

Other factors that could come into play include a pattern of people in protected classes being passed over for promotion with seemingly no justification. Other ways in which workers were discriminated against could indicate a pattern of behavior. A worker might have extensive experience, a history of excellent work, positive employer reviews, consistent success, and the necessary qualifications for the promotion, but was passed over for another person without explanation.

Be prepared to present a discrimination case

If there was workplace discrimination when seeking a promotion, the determinative factor in a successful case is the evidence. Simply claiming that the employer committed discrimination is unlikely to be sufficient. In some instances, there was a viable reason for passing the person over for a promotion. Regardless, it is essential to be fully prepared from the outset and having help is vital.

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