FCRA WAGE PROJECT
CHAPTER 9 | WRONGFULLY DENIED PROMOTION

9-0 | CHAPTER INTRO - WRONGFULLY DENIED PROMOTION

I think I was denied a promotion because I’m a woman.

a. I think I did not get the promotion because I’m a woman, how do I prove it?

b. Must I show that I was qualified?

c. Must I show that my employer sought a replacement with similar qualifications?

d. What could my employer do to deny my allegations, and how do I respond to its denials?

e. Does it matter when the discrimination occurred?

f. What options do I have if I my employer has fewer than fifteen employees?

g. If I prove my wrongful denial of promotion claim, what kind of remedies am I entitled to?

9-A | I THINK I DID NOT GET THE PROMOTION BECAUSE I’M A WOMAN, HOW DO I PROVE IT?

To demonstrate that you have been wrongfully denied promotion based on sex, you must show that:

1) You are a member of a protected class (as a woman, you are);

2) You were qualified and applied for the promotion;

3) You were rejected despite your qualifications; and

4) The person who received the promotion was a man, not a member of the protected class and had lesser or equal qualifications.⁶⁰

Footnotes

⁶⁰ King, 21 F. Supp. 2d. at 1381.

9-B | MUST I SHOW THAT I WAS QUALIFIED?

An employer’s statement that you are qualified suffices to demonstrate that you are qualified for the promotion.⁶¹

Footnotes

⁶¹ See Wilson v. B/E Aerospace, Inc., 376 F.3d 1079 (11th Cir.2004)

9-C | MUST I SHOW THAT MY EMPLOYER SOUGHT A REPLACEMENT WITH SIMILAR QUALIFICATIONS?

If the replacement your employer sought was not of your protected class and was less qualified than you, you have a claim.⁶² Additionally, you must show that there was a great disparity between your qualifications and those of the man who replaced you.⁶³

Footnotes

⁶² Id.
⁶³ Id. at 1090.

9-D | WHAT COULD MY EMPLOYER DO TO DENY MY ALLEGATIONS, AND HOW DO I RESPOND TO ITS DENIALS?

Once you establish your case, your employer must give a legitimate, non-discriminatory reason for its actions. You must then show that the reasons your employer has provided are false.⁶⁴ However, if you provide direct evidence of a discriminatory policy (for example, if your employer has stated directly that he would not promote a woman to the position you seek), it is unnecessary to show that any other reason your employer has stated are false.⁶⁵

Footnotes

⁶⁴ Id. at 1087-1088.
⁶⁵ King, 21 F. Supp. 2d. at 1381-1382.

Congratulations! You're now booked up on Chapter 9 the FCRA Wage Project!

You might need to reference it during your pursuit of justice.

For instance, you might need to use this handbook in order to protect yourself from organizations/judges/lawyers who break the law (see this example of a Florida judge who outright committed perjury).

Nevertheless – and as always – please get the justice you deserve.

Sincerely,

www.TextBookDiscrimination.com

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FCRA WAGE PROJECT
CHAPTER 9 | WRONGFULLY DENIED PROMOTION

9-0 | CHAPTER INTRO - WRONGFULLY DENIED PROMOTION

9-A | I THINK I DID NOT GET THE PROMOTION BECAUSE I’M A WOMAN, HOW DO I PROVE IT?

Footnotes

9-B | MUST I SHOW THAT I WAS QUALIFIED?

Footnotes

9-C | MUST I SHOW THAT MY EMPLOYER SOUGHT A REPLACEMENT WITH SIMILAR QUALIFICATIONS?

Footnotes

9-D | WHAT COULD MY EMPLOYER DO TO DENY MY ALLEGATIONS, AND HOW DO I RESPOND TO ITS DENIALS?

Footnotes

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FCRA WAGE PROJECTCHAPTER 9 | WRONGFULLY DENIED PROMOTION

9-0 | CHAPTER INTRO - WRONGFULLY DENIED PROMOTION

9-A | I THINK I DID NOT GET THE PROMOTION BECAUSE I’M A WOMAN, HOW DO I PROVE IT?

Footnotes

9-B | MUST I SHOW THAT I WAS QUALIFIED?

Footnotes

9-C | MUST I SHOW THAT MY EMPLOYER SOUGHT A REPLACEMENT WITH SIMILAR QUALIFICATIONS?

Footnotes

9-D | WHAT COULD MY EMPLOYER DO TO DENY MY ALLEGATIONS, AND HOW DO I RESPOND TO ITS DENIALS?

Footnotes

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