What You Need to Know About Suing An Employer for Not Promoting Me
Discrimination unfortunately can exist in the workplace, including being passed over. Here’s everything you need to know about Sue Employer for Not Promoting.
An employee may sue an employer for various forms of discrimination, including promotional discrimination. Contact the Department of Fair Employment and Housing to start an investigation and be guided through the process.
Employment Discrimination in California
The Department of Fair Employment and Housing (DFEH) protects job applicants and employees against some forms of discrimination. For instance, California state laws bar discrimination in:
- Race, color, or ethnicity
- Religion, creed
- Age
- Disability
- Sex and gender
- Sexuality
- Gender identity and expression
- Medical condition
- Genetic information
- Marital status
- Military or veteran status
Related: Can I Sue My Employer For Lying?
Promotion Discrimination in California
Under Title VII of the Civil Rights and California Fair Employment and Housing Acts, employers may decide who to promote but not for illegal reasons, including age, gender, race, ethnicity, or disability.
If an employer has wrongly discriminated against you, financial compensation may be obtained by:
- Lost wages
- Lost benefits
- Damages from emotional distress and suffering
- Punitive damages
Steps to Filing a Discrimination Claim in California
If you feel your employer passed over you in promotion due to discrimination, the DFEH will investigate the complaint.
1. File an intake form
Starting the form may occur in three ways:
- Online through the California Civil Rights System
- By mail (printable form here)
- Calling with contact information found here
2. Gather information for the case
After filing the initial form, gather:
- Important and relevant facts and records about the incident(s), including contact information and the defendant’s name
- Copies of any documents or evidence
- Names and contact information of witnesses
You must decide to start an investigation within three years for employment cases. Otherwise, you should file the case within a year of the date of discrimination. For employment cases, employees should also obtain a Right-to-Sue notice before the lawsuit is filed in court.
DFEH will investigate the allegation and determine whether or not one has violated the law. If the complaint fails, this is often not due to unfair treatment in the workplace, but the employer’s action does not violate the laws under DFEH jurisdiction.
Related: Can an Employer Sue an Employee For Quitting?
If the complaint succeeds, DFEH covers the discrimination laws and will prepare a complaint form. The respondent will receive the complaint. DFEH will attempt to resolve issues through dispute resolution and mediation.
Tips for Suing an Employer for Promotion Discrimination in California
The workplace should not allow the promotion of discrimination, but it is difficult for one to prove their employer’s intent to discriminate. Ensure you have evidence from your employer about promotions and any evidence of an employer’s illegitimate decisions, including any discriminatory practices. An employment lawyer may help guide you through this process.
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