Discriminatory Hiring/Promotion Claims

 

I wasn’t hired because I’m a woman.

 

It happened to me: A Real Life Story

 

I think I wasn’t hired because I’m a woman, how do I prove it?

 

To prove discriminatory hiring, you must show that:
1. you are a member of a protected class (as a woman, you are);
2. you applied and were qualified for a position for which the employer was accepting applications;
3. despite your qualifications, you were not hired; and
4. the position remained open or was filled by a man.

 

How can I prove that I didn’t get the job because of my sex, and not my qualifications?

Since women are a protected class, one way of showing that you were discriminated against is that the employer engaged in a pattern of discriminatory behavior. Furthermore, even if you didn’t apply, you can demonstrate that you had an interest in the position but you were deterred from applying due to the employer’s discriminatory practice.

 

 

What could my employer do to deny my allegations, and how do I respond to its denials?

 

Once you establish your case, your employer must give a legitimate, non-discriminatory reason for its actions. You must then show that the reasons your employer has provided for its actions are merely a pretext for discrimination.

 

Does it matter when the discrimination occurred?

 

You must file a complaint within 365 days of the alleged violation.

 

What options do I have if I my employer has fewer than fifteen employees?

 

While the FCRA only covers employers who have fifteen or more employees, some cities have ordinances which cover employers with fewer workers.

 

If I prove my hiring discrimination claim, what kind of remedies am I entitled to?

 

If a determination of a violation of the FCRA is made, damages you are eligible to receive include back pay, compensatory damages (including damages for mental and dignitary injury), reasonable attorney’s fees, and up to $100,000 in punitive damages in a civil action. An employer’s liability for back pay is limited to two years.

 

I think I was denied a promotion because I’m a woman.

 

 

I think I did not get the promotion because I’m a woman, how do I prove it?

 

To demonstrate that you have been wrongfully denied promotion based on sex, you must show that:
1. You are a member of a protected class (as a woman, you are);
2. You were qualified and applied for the promotion;
3. You were rejected despite your qualifications; and
4. The person who received the promotion was a man, not a member of the protected class and had lesser or equal qualifications.

 

Must I show that I was qualified?

 

An employer’s statement that you are qualified suffices to demonstrate that you are qualified for the promotion.

 

Must I show that my employer sought a replacement with similar qualifications?

 

If the replacement your employer sought was not of your protected class and was less qualified than you, you have a claim. Additionally, you must show that there was a great disparity between your qualifications and those of the man who replaced you.

 

What could my employer do to deny my allegations, and how do I respond to its denials?

 

Once you establish your case, your employer must give a legitimate, non-discriminatory reason for its actions. You must then show that the reasons your employer has provided are false. However, if you provide direct evidence of a discriminatory policy (for example, if your employer has stated directly that he would not promote a woman to the position you seek), it is unnecessary to show that any other reason your employer has stated are false.

 

 


 

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