Promotion Discrimination Claims
NOTE: The District of Columbia Human Rights Act (DCHRA) allows a woman to file a complaint with the D.C. Office of Human Rights (DCOHR) or pursue a private lawsuit. You can assume that the explanation of the DCHRA is the same regardless of which procedure you choose, except where it is noted that they differ. I think I did not get the promotion because I'm a woman, how do I prove it? To prove a claim of wrongful denial of promotion, you must show all of the following:
1) you were a member of a protected class (i.e. a woman);
2) you were qualified for the promotion;
3) you sought the promotion and were rejected; and
4) your sex was a substantial factor in your rejection. Must I show that I took proactive steps to get the promotion, and that I was qualified? Yes, it is necessary to show that you tried to get the promotion. Must I show that my employer sought a replacement with similar qualifications? No. To make your claim you only need to show that you were qualified for the position. What could my employer do to deny my allegations, and how do I respond to their denials? Though your employer does not have to deny your allegations, it will likely try to provide a legitimate nondiscriminatory reason for the treatment. For example, it could claim that you did not receive the promotion because they did not want to hire from within the company. To counter its response, you will need to persuade the trier of fact (i.e. the D.C. Commission on Human Rights, judge, or jury) that your employer's reason is a pretext or a cover-up and that sex discrimination was the true reason. Does it matter when the discrimination occurred? To come under the protections of the DCHRA you must file a complaint within one year of the unlawful discrimination. To learn more about how to file a complaint with the DCOHR or a private lawsuit in a D.C. court, visit What Does the Law Say? If I prove my wrongfully denied promotion claim, what remedies am I entitled to? You may be entitled to equitable relief, which is non-monetary relief intended to make you whole again, including but not limited to injunctive relief to correct your employer's discriminatory practices or reinstatement to any position that you lost as a result of discrimination. Additionally, you may be able to recover monetary relief, such as back pay to compensate you for lost earnings and front pay to compensate for a pay differential resulting from discrimination. To learn more about the remedies that you may be entitled to under the DCHRA, visit Remedies Return to Types of DiscriminationReturn to D.C. Law PageLegal GlossaryReturn to States
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