What to do if I’m a female who didn’t get a promotion within my job and the position went to an older male who had no experience with the job?

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What to do if I’m a female who didn’t get a promotion within my job and the position went to an older male who had no experience with the job?

They even tried to have me train him because I already knew the job. One of the people that interviewed me was even shocked and upset that I did not get the position. This was about 6 months ago, I am still with the company but in a different state. Is there anything I can or should do about this?

Asked on January 1, 2013 under Employment Labor Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You may have a claim for illegal sex-based employment discrimination. The issue is whether there is some non-discriminatory reason for the fact that the older male received the promotion and you did not. That reason does not have to be one which you personally agree with, so long as it is reasonable one. For example, if he had more time in service at the company, it might be reasonable to promote him over you; or if he had more or better academic credentials; other relevant experience (e.g. more managerial experience); or even if he happened to be a personal friend of upper mangement, since that is a legal and recognizable basis for promoting one person over another (so long as there is no company policy against it). If there are no reasonable non-discriminatary explanations that you are aware of, then, as stated, you may have a legal claim and should consult with an employment law attorney to further evaluate your claim, its strength, what it might be worth, and your options.


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