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P. Simmons
P. Simmons, Lawyer
Category: Employment Law
Satisfied Customers: 34256
Experience:  Employment Law Expert
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I have a client who believes they are not getting red

Customer Question

I have a client who believes they are not getting hired for higher positions in his company because of his race. Almost the entire management above him is white and almost all male. He sees that he is being passed over positions that no one else applied
for. Every time he receives a rejection letter, he is told he is not being promoted due to certain objective criteria that don't seem to be a factor when other white employees with worse ratings in those same criteria are promoted. Other managers in the company
have told him bluntly that he is not getting promoted due to his race, but of course, won't speak out about it. How can he prove discrimination against him? What is the legal standard?
Submitted: 1 year ago.
Category: Employment Law
Expert:  P. Simmons replied 1 year ago.
My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.
The legal standard is "proof by preponderance of the evidence", or "more likely than not"
If he has been told by management of this company that his not being promoted is because of his race? That is a violation of Federal and State law. He can file a complaint with the EEOC (equal employment opportunity commission).
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.