Can Being Denied a Promotion Be Discriminatory? | Bantle & Levy



Can Being Denied a Promotion Be Discriminatory?

Understandably, when you put in extra work for your employer, you hope to eventually get something in return. Many employees strive to be promoted in the future, leading to a better title, increased responsibilities, and a larger paycheck. However, this work isn’t always rewarded. Being passed over for a promotion you felt you deserved or were led to believe you would get is always disappointing. While no one wants to go through this, there are times when this situation is more serious than simply being passed over for someone else. In some cases, discrimination can be the reason for an employee being denied a promotion.

Federal, state, and local laws make discrimination illegal in every aspect of employment. If your employer is making employment decisions based on discrimination, you need legal counsel that can fight for you and your rights. Learn more about promotion discrimination in the workplace and what you can do to protect your rights.

What is Promotion Discrimination?

Promotion discrimination occurs when an employee is denied a promotion due to their protected characteristics. For example, being passed over for a promotion due to your race, religion, gender, age, or membership in another protected class is unlawful. Additionally, employment discrimination can also occur after an employee engages in protected activity, such as participating in an investigation or reporting wrongdoing in the workplace.

How to Prove Promotion Discrimination Occurred

Proving that you experienced promotion discrimination can be challenging. Of course, denying an employee a promotion they felt they deserved is not always unlawful. In many cases, employees may not have the proper qualifications or there may be another candidate more well-suited for the position. Because of this, your employer may try to claim that there were legitimate reasons for denying you the promotion.

An experienced employment discrimination attorney can help you create your case to show that your employer discriminated against you. Your attorney will know what types of evidence you need to show that your employer’s unlawful discrimination was the reason you were denied the promotion.

Remedies for Promotion Discrimination

Being denied a promotion can be a serious setback in your career and cause you to suffer various damages. If you believe that your employer discriminated against you, you may be able to fight for compensation. Some damages you may able to recover in a promotion discrimination claim include the following:

  • Back pay
  • Front pay
  • Lost benefits
  • Attorney’s fees

Stand Up to Discrimination with Bantle & Levy

At Bantle & Levy, we know how important it is to advance in your career. Unfortunately, for many employees, employment discrimination can make this much more difficult. Our NYC employment discrimination attorneys have decades of experience representing executive employees and helping them receive the fair treatment they deserve in their careers. We know how challenging cases like these can be and are determined to help you achieve what you’ve worked for.

Contact our employment discrimination attorneys today if you believe discrimination cost you a promotion.

Bantle & Levy
Bantle & Levy

Lee Bantle is a partner at Bantle & Levy LLP. He has extensive legal expertise, admitted to the bars of the U.S. District Court and the U.S. Court of Appeals. With a distinguished academic background and clerkship experience, he has been recognized as a top-rated civil rights attorney and esteemed lawyer. In addition to his successful career, he has actively contributed to various legal organizations and serves as a faculty member for NYU's Annual Workshop on Employment Law for Federal Judges.


  • This field is for validation purposes and should be left unchanged.

Contact Information

99 Park Avenue, Suite 1510
New York, 10016
(On Park Avenue between 39th Street and 40th Street)