How can I access my employer’s Affirmative Action Plan to see if being denied a promotion falls under the plan?

UPDATED: Sep 3, 2012

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How can I access my employer’s Affirmative Action Plan to see if being denied a promotion falls under the plan?

I have applied for several positions in my overall department, all of the labs combined and I have not received an interview for nearly any of the positions. I am an African American woman and I feel I am not being promoted based on that reason. I do not know how to prove I am being discriminated against. I believe less qualified people have been hired for these positions as well.

Asked on September 3, 2012 under Employment Labor Law, Ohio


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The way to proceed in ascertaining whether or not you were unjustly denied promotion at work is as follows:

1. review the presumed employer employee handbook to see that guidelines there are for promotion;

2. consult with your supervisor as to why you did not get the promotions that you desired;

3. get a copy of your employee personnel file;

4. discuss with the human resources department at work (if you have one) why you were not promoted;

5. ask your employer to discuss with you what if any affirmative action guidelines it may have and what protocol is has in following such guidelines. If there are written giudelines, ask for a copy of such.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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