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Passed up for a job? Understanding discriminatory hiring and promoting


Imagine this scenario:

You apply for a job. You're well qualified - if not overqualified. You nail the interview. And you wait in anticipation for that job offer.

Then something unexpected happens: You learn that someone else got the job. Someone who is much less experienced and qualified than you. You start to question why that person got the job and you didn't - and something just doesn't seem right.

And there is nothing you can do about it.

Or is there?

Discrimination In Promotion or Non-Selection

Unfortunately, this is a common scenario in the American workplace. Employers routinely choose to promote or hire workers who are less qualified, knowledgeable or experienced than other applicants.

Why does this happen? For a variety of reasons. Some of those reasons may be legitimate. But some of them may be discriminatory in nature - and therefore, illegal.

An employer can hire or promote someone for a wide variety of reasons. But an employer cannot refuse to hire or promote someone because he is she is:

  • Female
  • Gay, lesbian, bisexual or transgendered
  • Older
  • Disabled
  • Pregnant
  • Of a certain ethnic group
  • Of a certain race
  • A member of another protected class

Although this type of discrimination may be difficult to prove, it is not impossible.

If you believe you have experienced discrimination in promotion or non-selection, it is important to trust your instincts and take appropriate action to ensure that your rights are protected.

Is It Discrimination?

It can be difficult to know whether what you have experienced is truly discrimination. It is easy to "explain away" something that doesn't feel right - such as a less-qualified co-worker getting a promotion while you remain in the same position.

If there is any question in your mind, it is advisable to speak to an employment attorney.

The law protects employees against discrimination of all kinds in the workplace. If you believe that you have experienced discrimination because you were passed up for a promotion - or if you were not hired and a less-qualified employee was hired instead of you - it is best to get an advocate on your side.

The Devadoss Law Firm, P.L.L.C., represents federal employees nationwide. If you wish to speak to an attorney in a free consultation, please call 888-351-0424.

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