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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19169
Experience:  Employment/Labor Law Litigation
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What options do I have when i feel like i'm receiving unfair

Customer Question

What options do I have when i feel like i'm receiving unfair treatment in the workplace. As a young minority female i manage a team, but am not being promoted a manager. During my mid year calibration (july 2015) my manager informed me that i was doing the work of a manager and am being considered for promotion at the end of year (this same statement was communicated to a senior vice presented through email as well in August of this year). However, in less than 2 months there has been some disconnect and my manager is now telling me i'm not being considered for promotion because i have areas of improvement. When i ask what needs to be improved he gives me high level answers with no major objective support (based on discussions with the business there are things needing to be improved). My leadership has never set expectations outside of the ones communicated in pull ups to check how i was performing which has been great until now. I also manage an associate that is at the same level and makes more money than me for over a year now. What options do I have when it comes to making sure i'm getting a fair shot and it's not just based on a manager promoting their favorites.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Ok. The fact that you are young isn't helpful. That's not a protected category. An employer is actually allowed to discriminate against youth and in favor of the older employee. That's actually in federal statute.

It's also not illegal for a manager to promote their favorites. Personal bias, not based on race, religion, gender or disability, is not actually illegal. So, you have to be prepared to make the argument that the only reason you are not being promoted is your minority status.

If you feel that is the case, your option is to either make that very direct complaint to HR (where you expressly state that you believe you are being discriminated against based on your minority status) or you have to file a complaint externally with the Equal Employment Opportunity Commission. This is a protected activity, meaning that the employer cannot retaliate against you for making it.

Customer: replied 1 year ago.
with unfair treatment i have to express discrimination based on being a minority, got it. What about the compensation piece? Are there any laws pay difference between manager and direct report?
Expert:  Allen M., Esq. replied 1 year ago.

Yes, because there actually isn't a law against unfair or uncivil treatment. The law only prohibits forms of discrimination made illegal by statute.

The compensation piece is only useful to the extent that it can demonstrate discrimination based on race, religion, gender, etc. There is not any law concerning the difference in pay between a supervisor and direct report, so it's not automatically problematic for the pay issue itself. Again, it is only useful as a fact which can suggest discriminatory decision making.