Discriminatory Promotion Claims
NOTE: Because Arizona case law regarding claims alleging wrongful denial of promotion is scarce, Arizona courts look for guidance to federal courts' interpretations of Title VII discrimination claims. I think I did not get the promotion because I'm a woman, how do I prove it? In order to establish a claim of wrongful denial of promotion, you must offer evidence of each of the following:
(1) that you are a member of a protected class (i.e. a woman);
(2) that there was a promotional opportunity available;
(3) that you applied for and were qualified and available for the position;
(4) that despite your qualifications, you were not promoted to the position; and
(5) that the promotional opportunity remains open or was filled by others not members of your protected class. Must I show that I took proactive steps to get the promotion, and that I was qualified? Yes. One of the steps of establishing a claim of wrongful denial of promotion is that you applied for and were qualified and available for the position. Must I show that my employer sought a replacement with similar qualifications? Yes. To establish a claim for wrongful denial of promotion you must demonstrate that other employees with the same qualifications as you were treated more favorably because of their sex. In determining whether you are similarly situated to a male employee who was promoted or considered for promotion, you should consider the education and experience levels of yourself and the male applicant. If you find that those levels are substantially similar, you may have claim of wrongful denial of promotion. What could my employer do to deny my allegations, and how do I respond to their denials? Your employer may defend against your claims for affirmative relief (promotion) by presenting "clear and convincing" evidence that you did not meet your employer's objective, nondiscriminatory requirements for the position you were seeking. For example, your employer may provide evidence that you were not promoted because of poor performance evaluations or other work related problems. Your employer could also defend against your claim for relief by providing evidence that there were other, more qualified applicants who happened to be men. Does it matter when the discrimination occurred? Under the ACRA, you must file a claim with the Arizona Civil Rights Division (ACRD) or the Equal Employment Opportunity Commission (EEOC) within 180 days of the discrimination. Keep in mind; you cannot pursue an employment discrimination case through the state or federal courts independently. You must go through the ACRD or the EEOC, which is the federal agency in charge of employment discrimination claims. For more information see How to File a Claim What options do I have if my employer has fewer than 15 employees?If your employer has fewer than 15 employees you will not be able to bring a claim for wrongful failure to promote under ACRA. However, you can still try to make change in the workplace by taking action such as talking to your employer or starting a WAGE club. What WAGE Clubs Do. For more information see What Does the Law Say. If I prove my promotion discrimination claim, what remedies am I entitled to? You will be entitled to equitable relief, which is relief intended to reverse the harm you have suffered and restore you to the position you were in before the discrimination took place. You may be able to recover back pay to compensate you for lost earnings, front pay to compensate for a pay differential resulting from discrimination, injunctive relief to correct your employer's discriminatory practices, or reinstatement to any position that you lost as a result of discrimination.For more information see What Can I Get If I Win. Return to States Return to Types of DiscriminationReturn to Arizona Law PageLegal Glossary
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