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How can I claim continuing discrimination on a promotion?

Anaheim, CA |

State employee, held rank 3, 2, and 1 for three years for a promotional position. 57 years old. Candidates in ranks below mine were being promoted. From my office I am the only one who do not get promoted regardless qualifications. Non degreed, younger, less than 1 year service with the State were promoted at the most recent cycle. I was also ordered to a smaller work space. I brought the concern to my Chief. No response for 2 weeks now. I believe this age, racial, color discrimination. non- Caucasian. Could you help me? Thank you.

Attorney Answers 2


  1. Best answer

    You will need to consult in-depth with an employment attorney for a reliable evaluation of your claim and sound advice as to your best course of action. You need a consultation with a lawyer or lawyers who are specifically experienced in public sector employment law. Public employment law and processes are very different in some very critical respects from private sector employment, so make sure that any attorney on whom you rely for advice or representation has had significant litigation success with public sector employment -- and try hard for one with lots of experience with the State of CA employment system. Good luck to you.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.


  2. If you can prove that the decision to not promote you is race, age, or color then the employer is engaging in an unlawful promotion practice. However, keep in mind that if there are legitimate reasons for not promoting you unrelated to your age, race or color, and that is the reason for the decisions that have been made, it is not unlawful simply because you are of that age, race or color.

    This is the kind of thing that is very fact intensive. You need to go into great detail with an attorney to determine if you have a meritorious case or not. You would be well served to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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