QUESTION
If I am not promoted for 5 years can I sue for discrimination?
Asked on Jun 20th, 2013 on Labor and Employment - Montana
More details to this question:
Can I sue my firm because I have not been promoted in my firm for last 5 years? All my juniors have been promoted. I am an above average performer and it reflects in my year end ratings. I feel I am being discriminated based on religion. This year too I have not been promoted. I am from India but currently in US and the Indian firm has transferred me to the US firm.
3 ANSWERS
Yes, you may sue, but you likely will not win.
Answered on Jun 21st, 2013 at 9:41 PM
Has your employer told you why you are not being promoted? Are these promotional opportunities advertised? Have you made application for the promotions? Have you told your employer you would like more responsibility? You really need to know what the employer claims is the reason you have not been promoted so you can evaluate if it is a pretext for discrimination. Why do you feel you are discriminated against because of your religion? Have comments been made about your religion or favoring other religions? I suggest that you meet with your supervisor and/or human resources to share your concern about promotional opportunities. You may also want to consult with an attorney so the attorney can advise what questions to ask in the interview and how to follow up to document that you raised these concerns with your employer.
Answered on Jun 21st, 2013 at 10:37 AM
You should consult a lawyer, and explain why you think religion is the basis for the promotion decisions your employer has been making.
Answered on Jun 20th, 2013 at 11:08 PM