Being denied a promotion you think you deserve and for which you believe you are qualified can be a very disheartening feeling. In addition, seeing a coworker who is less experienced receive the promotion can be disconcerting. You may question whether you have been discriminated against, especially if the person who received the promotion was not the same gender as you.
Gender discrimination in the workplace counts as any type of negative behavior toward a worker that is based on their gender identity. This could be the act of paying two workers of the opposite sex unequally for equal work, or it could be the denial of employment or a promotion because of the applicant's gender. If you believe that you are a victim of gender discrimination because of a promotion denial, it is important that you understand how the law applies in Florida.
What laws protect me from a promotion denial based on gender?
The Civil Rights Act of 1964: Title VII, otherwise known as Equal Employment Opportunity, makes it illegal for gender-based discrimination or harassment to take place at work. This means that it would be unlawful for a manager to decide that a woman should not get a promotion because of her gender, for example. The manager in question has a legal responsibility to hire the best person for the job, regardless of their gender or any other protected characteristic.
How can I prove that I was discriminated against?
While the law sounds simple in the sense that it prohibits all forms of gender discrimination, proving that gender discrimination took place can be easier said than done. You may need to show that you were clearly the most qualified and appropriate choice for the promotion.
If an under-qualified employee of the opposite gender was promoted instead of you, it may be easier to highlight the problematic aspects of the situation. If any comments were made about your gender during the process, or if you work in an environment dominated by one sex, this may improve your chances of making a successful discrimination claim.
No one should ever have to tolerate unequal employment opportunities. By teaming up with a legal advocate and being aware of your rights, you will be empowered to take action and make a gender discrimination claim.