1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Race and Age Discrimination

Discussion in 'Discrimination & Sexual Harassment' started by kre8tiv1, Apr 27, 2017.

  1. kre8tiv1

    kre8tiv1 Law Topic Starter Guest

    Jurisdiction:
    New Jersey
    I am a white woman in my mid-fifties. I have a Director position and have been with my company for 10 years. Last week I had a very positive performance review and was given a raise, but told that I was not going to be promoted to AVP, but that two Directors were. The two Directors that were promoted are black women in their forties. All three of us have been with the company nearly the same amount of time. I feel that I am being discriminated against because of my race and age. I asked why I wasn't being promoted and I was given a vague reason that made little sense. What can I legally do? Should I file a discrimination complaint with my HR Department? Should I confront my boss (I report directly to the CEO).

    Thank you in advance...
     
  2. kre8tiv1

    kre8tiv1 New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    1
    I forgot to add that they are the only black Directors in the company. There is a female Hispanic Director, but she has not been in her position long enough to be eligible for a promotion. Now that I think about it, the only three Directors that were eligible for a promotion were myself and the two Black female Directors who were promoted.

    Sorry for not relaying that in my previous post.
     
  3. adjusterjack

    adjusterjack Super Moderator

    Messages:
    8,207
    Likes Received:
    2,183
    Trophy Points:
    113

    Probably, but the laws aren't written to protect white people from discrimination.

    HR works for the bosses and won't help you.

    Do you really think the CEO isn't the one calling the shots?

    I suggest you very quietly consult a discrimination attorney and see if you have anywhere to go with this before you start making waves and risk losing your job.
     
  4. mightymoose

    mightymoose Moderator

    Messages:
    11,251
    Likes Received:
    1,908
    Trophy Points:
    113

    You only suspect discrimination. Unless you could show you were significantly more qualified I think you have nowhere to go with the complaint. If you are all three otherwise equal it seems you are just the odd one out. Someone had to be.
     
  5. txls

    txls Well-Known Member

    Messages:
    1,963
    Likes Received:
    272
    Trophy Points:
    83

    It would be very difficult to prove, if that is what happened.
     
    hrforme likes this.
  6. hrforme

    hrforme Active Member

    Messages:
    601
    Likes Received:
    143
    Trophy Points:
    43
    I think you need a whole lot more than what you have to prove any type of illegal discrimination. While you all are at the same level and the same experience, it is possible they have some quality or knowledge/skill/ability that you do not that puts them one step ahead of you -- something that has nothing to do with your age or race.
     
  7. army judge

    army judge Super Moderator

    Messages:
    32,721
    Likes Received:
    4,911
    Trophy Points:
    113

    IF you have a claim, it is an age discrimination claim.

    You are a member of THAT protected class.

    This NJ licensed attorney explains the process in NJ.
    ....
    ....
    New Jersey Age Discrimination Law: What Makes a Successful Claim?
    ....
    ....

    Good luck.
     
  8. ElleMD

    ElleMD Well-Known Member

    Messages:
    3,032
    Likes Received:
    494
    Trophy Points:
    83
    All races are protected under civil rights law. It is unusual for discrimination to be against a non-minority, but if that truly was the reason you were not selected, it is just as illegal as the other way around. The question is, why do you think you should have been promoted over one of them?
     
    hrforme likes this.

Share This Page