Workplace Discrimination, Employment Law

To prove a failure to promote a claim, you must prove you belong to a protected class, were qualified for the role and rejected despite qualifications, and the position remained open. The employer may offer a non-discriminatory reason if you can prove these elements. You then must demonstrate that the reason provided is an excuse to discriminate.

To win an age discrimination claim, you must prove a substantially younger worker replaced you. If the age difference between you and your replacement is minimal, it can be more difficult to prove age discrimination – particularly if you are both over 40. However, it’s still possible, especially if there are other indications, such as discriminatory remarks or a pattern of age-based discrimination within the company.

The amount of compensation in a racial discrimination case depends on several factors. Potential remedies include back pay, future pay, compensatory damages, punitive damages, and attorney fees. Compensatory damages are capped based on the employer’s size and range between $50,000 and $300,000. Consult a knowledgeable employment law attorney if you believe you’ve been discriminated against to better understand your legal options.