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Promotion and assignment discrimination aren’t always obvious

| Aug 8, 2020 | Employment Law Defense |

You’re very thankful for your job and its ability to put food on your table, and one way you show that thanks is by putting in hard work. After an extended period of showing your value to your employer, you notice a higher-up position available within the company. Or maybe it’s a new assignment that needs responsible management. Regardless of the specific scenario, you throw your metaphorical hat into the ring.

Still, you’re aware that there are others in the company who have the same motivations. And whether you notice it right away or after the interviewing process is over, you might begin to suspect that your employer is treating you differently.

Promotion & assignment discrimination are more common than you might think

Alleging and building a case around discrimination within the workplace can be a difficult endeavor. Some employers may be wantonly reckless with their off-color jokes, making it easier, but some are more subtle. The Equal Employment Opportunity Commission, speaks more on the protected classes and comments on how for promotions and/or assignments in particular, an employer may ask the job candidates to complete a formal test or some form of prerequisite. Now while they might see the test for an altruistic function that will help them narrow down candidates, in fact, what it could be doing is operating under an implicit bias. Weeding out candidates that would identify with certain protected classes. While it may obvious for some test-takers, for some it might not be. However, if an employer can justify that the needs of an assignment or a promotion cannot be completed by a member of a protected class, then it may be allowed to pass.

The importance of documenting everything

The American Bar Association comments on the importance of documenting everything you can before bringing forth a discrimination claim. Keep in mind that an employer has no wish to deal with a discrimination case, for it could tarnish their reputation. The more concrete evidence you have against them, the stronger a claim can be.

While you might feel fortunate to have a job, that doesn’t mean you have to put up with certain processes that your boss uses, especially when they’re discriminatory. In alleging promotion discrimination you might turn a jovial employer into an embittered one. Not having evidence that can back up one’s claim can quickly make work arrangements go sour. As such, reaching out for the help of a professional who works with employment cases like these could provide a huge benefit.