Promotions are one of the most common flashpoints for hidden bias in the workplace. When advancement decisions happen behind closed doors, it can be difficult to tell whether you were legitimately passed over or whether discrimination played a role. Many employees in Westchester County come to us after a promotion goes to someone less qualified, with little explanation or shifting reasons from management. If you suspect discrimination influenced the decision, it is important to understand your rights and what steps to take next.
Legal Grounds for Discrimination Claims
Both New York law and federal law prohibit employers from denying promotions based on protected characteristics. These include race, color, national origin, gender, sexual orientation, age, disability, pregnancy, religion, and genetic information. In Westchester County, employees are also protected under the New York State Human Rights Law and, in many cases, local laws that offer even broader protections.
Discrimination does not always look obvious. It can appear as subjective decision-making, inconsistent standards, or vague explanations such as “not a good fit” or “leadership potential,” especially when those explanations are not supported by your work history. A pattern of promoting younger employees over older ones, favoring one gender in management roles, or overlooking employees who recently requested accommodations can all raise red flags.
How to Gather Evidence
Evidence is critical in promotion discrimination cases, and it often exists long before an employee realizes they may need it. Performance reviews that praise your work, emails discussing your qualifications, or messages referencing promotion timelines can all help show you were a strong candidate. Job postings or internal announcements that list qualifications you meet are also important.
Comparator evidence is especially useful. This involves showing that a similarly situated employee outside your protected class was promoted despite having equal or lesser qualifications. Information about their experience, education, disciplinary history, or performance can help establish unequal treatment. Keeping your own written record of conversations, dates, and explanations given for the promotion decision can also be valuable if the situation escalates.
Steps to Take Before Filing a Claim
Before filing a formal complaint, there are several steps that may protect your position and strengthen your case. Requesting feedback in writing about why you were not selected can sometimes reveal inconsistencies or discriminatory reasoning. Reviewing your employer’s promotion policies and internal complaint procedures can also clarify whether the company followed its own rules.
It is important to avoid retaliation traps. You still have rights even if you continue working for the employer, but how you raise concerns matters. Speaking with an employment attorney before confronting management or human resources can help you avoid mistakes that could be used against you later.
FAQ
Is favoritism illegal in the workplace?
Favoritism alone is not illegal. However, when favoritism overlaps with protected characteristics, such as consistently favoring younger employees or excluding workers with disabilities, it may cross the line into unlawful discrimination.
How do I prove I was more qualified?
You do not need to prove you were the absolute best candidate. Instead, the focus is on whether you met the qualifications and whether the employer’s stated reasons for promoting someone else are legitimate, consistent, and non-discriminatory.
Can I still file a claim if I still work there?
Yes. Many employees pursue discrimination claims while still employed. The law prohibits retaliation for asserting your rights, though these cases require careful handling.
If you believe you were denied a promotion due to discrimination, we can help you evaluate your options. Gash & Associates, P.C. represents employees throughout Westchester County in workplace discrimination matters. To discuss your situation, call us at (914) 328-8800 and speak with an employment attorney who understands how these cases are built and proven.
