I am a 51 yr old white female who applied for a promotion at work. I submitted my resume and received confirmation from HR that they received it and then was asked to complete the testing part of the application process. I completed testing and HR confirmed they received my test. I scheduled an interview through HR for the following morning at 9. An hour later HR called and said that I was being excluded from the interviews because I was behind on my work. I said I was not behind on my work and that my manager had not processed my reports, but they were all completed on time. The next day I found out that two others were allowed to interview that had substantially overdue work, were younger than me and of a difference race. My manager told administration that my reports/work were not late as they had assumed/reported. An administrator called me personally to apologize and said that there was nothing they could do about it and I told them that I felt as though I was being treated unfairly.
At this stage, it's hard to say. You do have evidence of disparate treatment, and a failure to promote. You also have evidence that you are a member of a protected class (or classes), and that the others treated differently than you were not members of the protected classes. So far, that's good evidence of the possibility of discriminatory intent. But the thing to keep in mind is that discrimination cases are hard - some of the hardest out there - and so if you do wish to pursue this route, you need to contact an employment attorney and discuss the matter with them fully. A good attorney will work with you to gather evidence before filing a complaint with the DFEH or EEOC. You can find one on this site, or go to www.cela.org, and use the "find a lawyer" function. Best of luck.
While I am an attorney with over fifteen years of experience, until we sign a retainer agreement, I am not YOUR attorney. My postings are meant for informational purposes only, and DO NOT constitute legal advice, nor do they create an attorney-client relationship between us. As such, the question, my answer, and any comments left to my answer, are not protected by attorney-client privilege. Also, keep in mind that all legal claims have relevant statute of limitations, some of which can be very short. So, if you believe you need to hire an attorney, and need legal advice, seek out legal representation as soon as possible.
If an employer has five or more employees, under the California Fair Housing and Employment Act (FEHA), it is unlawful to discriminate against an employee in certain protected categories including: age (40 or older); race; and other protected categories. Based on your question, you should consult with an employment law attorney. Most employment law attorneys offer free consultations, as I do.
Disclaimer: Please note that my response is meant for informational purposes only and does not constitute legal advice in any manner. My response does not form an attorney-client relationship with you and I am not your attorney. All legal claims have a statute of limitations, which may be extremely short, so to protect yourself you should contact an attorney immediately.
The situation you have posted about might be unlawful discrimination, or it might be sloppiness, or it might be other factors that are not unlawful that led to you not getting the promotion. Far more would have be known and proved.
The mere fact that someone of another race or age got the job is likely not going to be enough to prove unlawful discrimination.
There is enough in your post to make it wise 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.
Most employment attorneys who practice this area of law work offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
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