Medical ConditionsĪn employer may not discriminate against a person because of a medical condition he or she suffers, whether symptoms are currently happening or not. If the accommodation would not be reasonable to expect of the employer, no discrimination has occurred. Employers are expected to make reasonable accommodations for persons with disabilities. Physical and Mental DisabilitiesĪn employer may not fail to promote a person because of a physical or mental disability.
Religionĭiscrimination based on a person’s religious beliefs or reasonable practices is illegal under California law. Failure to promote on this basis is illegal. This includes all employees, even those not typically considered to be discriminated against (i.e., Caucasian employees). Race, National Origin, Color, or AncestryĬalifornia employers cannot discriminate against a person due to his or her race, national origin, color, or ancestry. Employers cannot refuse to promote an employee simply because they are “too old.” 2.2. Status as a victim of domestic violence, assault, or stalking.īoth federal and state law prohibit failure to promote on this basis of a person’s age, specifically employees age 40 or older.Sex (including pregnancy, childbirth, and related medical conditions).California law protects more classes of persons than federal law.
Under federal law, like Title VII of the Civil Rights Act, 1 and under California law, such as the Fair Employment and Housing Act (FEHA), 2 there are certain types of employees who are protected from discrimination. Damages for emotional distress and suffering, and/or.If you were not promoted as a result of some form of discrimination, with help from an experienced employment law attorney at the Shouse Law Group, you can obtain financial compensation in the form of: Illegal reasons not to promote someone include failure to promote due to the person’s: When that happens, you may have a wrongful failure to promote case. An employer can decide whether or not to promote someone, but sometimes this decision can be based on illegal reasons. Promotion discrimination is prohibited under Title VII of the Civil Rights Act and under the California Fair Employment and Housing Act. What legal remedies could I receive for wrongful failure to promote?Ī wrongful failure to promote occurs when an employee has been passed over for promotion because of a reason protected under California or Federal law. What if the employer gives legal reasons for not hiring me? How do I prove a “causal connection” between the treatment and the protected class status? How do I file a civil action for failure to promote?
The agency rejected my case, does this mean it has no merit? What do these agencies do with my complaint? How do I file my claim under Title VII of the Civil Rights Act? How do I file a claim for failure to promote? What are legitimate reasons for not promoting an employee? Race, National Origin, Color, or Ancestry This may give the aggrieved employee a claim for damages against the employer.īelow, our California labor and employment law attorneys address frequently asked questions about the wrongful failure to promote claims and how it may affect your case: Promotion discrimination (or wrongful failure to promote) is a type of workplace discrimination whereby an employee is passed over for promotion for an improper reason, or in violation of state or federal law.
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