It can be exciting when a position opens up and you have the possibility of promotion. But your career aspirations can be quickly dashed when you’re denied the opportunity to climb the ladder, leaving you disappointed and disheartened. While you might think that you were passed over simply due to better candidates applying for the job, don’t be so quick to chalk up your denial to justifiable reasons. After all, in far too many instances, promotion decisions are based on discriminatory intent. Although that’s illegal to do, it’s up to you to point out the wrongdoing and take legal action to correct it.
How can you tell if discrimination was in play when you sought a promotion?
Workplace discrimination can be hard to spot, but if you’re attentive and pay attention to detail, then you might be able to spot some indicators that you were subjected to discrimination in the promotion process. Here are some red flags that you should be on the lookout for as you analyze the facts of your situation:
- Others who possess certain characteristics are often chosen for promotion: Promotions really should be merit-based. If you notice that those who are promoted are always of a certain race, gender, religion or age, then there’s a fair chance that discriminatory intentions are in play. The reverse could be true, too, where individuals of a certain protected class are consistently passed over for promotion. This could also be an indication of workplace discrimination.
- The promotion process is a mystery: Hopefully your employer is transparent in how interviews and promotion decisions are made, while specifying the criteria that’ll be used when analyzing candidates. But there’s a good chance that they won’t be as transparent as you hope. Keeping all this hidden could be a sign that the process involves a certain level of discrimination, especially if other red flags are identified.
- Promotion decisions are subjective: Promotions really should be based on as many objective criteria as possible. Once subjectivity starts to invade the decision-making process, discrimination is much more likely to occur.
- Derogatory or inflammatory comments: Most employers don’t engage in obvious forms of discrimination. Yet, from time-to-time employers will make disparaging and derogatory comments during interviews and throughout the promotion process. If you get wind that this has happened, then you’ll be in a strong position to prove that you’ve been subjected to discrimination.
What should you do if you think you’ve been subjected to discrimination during the promotion process?
There are several steps that you should take if you suspect that you’ve been subjected to discrimination. These include:
- Talking to witnesses who may be able to confirm your suspicions.
- Comparing your qualifications to the other candidates.
- Asking for feedback from those who interviewed you to try to gauge why you weren’t selected.
- Gathering all communications that you’ve had with your employer about the matter.
- Reporting your concerns to your employer so that the matter can be investigated.
Keep in mind, too, that it’s illegal for your employer to retaliate against you. That means you can’t be passed over for promotion out of spite, and you can’t be punished for reporting what you perceive to be workplace discrimination.
Act now to protect your interests
By being proactive and paying attention to detail, you may gather the evidence needed to support a workplace discrimination claim. By taking action against your employer, you might find accountability and compensation for the damage that’s been caused to you and your career. But you can’t go into the process blind. Rather, you have to know how the law applies to your set of circumstances so that you can develop the strong legal arguments necessary to position yourself for success. If you’d like to learn more about the best way to approach your case, then now may be the time to discuss your circumstances with your attorney.