Promotion Discrimination

**condanchri** · 05-04-2007, 09:55 PM

I am a police officer in Washington State. About 3 years ago I left a detective position and was very outspoken about the poor management of the unit by a supervisor. Whether it matters or not, this is generally the consensus about that unit and supervisor. This was all internal, nothing to the press etc.

As a result, the #2 in the Department has essentially blacklisted me for promotion to a new detective position. On at least 9 occasions in the past three years, I have applied for positions that were given to other people. On at least four occasions I was the #1 choice of the immediate supervisor of that unit, but the command staff denied me the position for another person. In one of those cases, I was far better qualified (had experience in the field, had previously been a detective, etc.) than the person who go the job (a cop for less than 3 years, never been a detective, dad is a supervisor on the same department). It is common knowledge that he was given the position because he had been in several car accidents on duty, including one that killed someone and they wanted to get him off the street.

This is a common practice here, the more you screw up, the more likely you are to move up. People that create controversy or bad press for the Department are promoted to "get them off of the street and out of the public eye."

Despite my requests to have someone explain why I did not get the position, i have never been told a reasonable answer (which violates policy).

I don't think, and could never prove, that this is based on any protected class. This is strictly a case of where I have pissed off a person in power and they have blacklisted me. Do I have any kind of case?

**cbg** · 05-05-2007, 12:03 AM

If it's not based on a protected class, it's not illegal discrimination.

The law does not require that you be given a reason why you were not promoted. If you have a binding contract or CBA that says otherwise, your recourse would be through that.

**condanchri** · 05-05-2007, 08:49 AM

If I understand you correctly, if I didn't get promoted because I was in a protected class, I clearly have a case. But if less qualified people are promoted instead of me or a promotion is denied for no apparent reason, I am out of luck

? Although I don't fall into a protected class, even if I did, without an overt statement or pattern, how would I know if they won't give any reason?

**cbg** · 05-05-2007, 10:58 AM

Your last question sums up one of the realities of life. Sometimes you just don't get answers.

If you don't get a promotion BECAUSE you are in a protected class, that is a violation of Federal law and the laws of most (but not all) states. However, there is not a law that says if you are qualified you must be promoted; there is not a law that says the most qualified person must be the one to receive a promotion; and there is not a law that says you have to be given the reason you are not promoted. There is no law that is going to force them to promote you over the ones you believe are less qualified, even if you are 100% correct.

As I said, IF you have a contract or CBA that is violated by the promotion of the other individual, or by their refusal to give you a reason why you were not promoted, then you can take whatever measures are set out by that contract/CBA to grieve it.

**mitousmom** · 05-05-2007, 01:55 PM

Quoting condanchri

If I understand you correctly, if I didn't get promoted because I was in a protected class, I clearly have a case. But if less qualified people are promoted instead of me or a promotion is denied for no apparent reason, I am out of luck

? Although I don't fall into a protected class, even if I did, without an overt statement or pattern, how would I know if they won't give any reason?

The federal EEO laws prohibit discrimination based on sex, race, color, religion, national orign, age (40 & over) and disability. Everyone has a sex, race and national origin and if they live long enough will reach age 40; therefore, everyone is eligible for protection under the federal EEO laws.

Most people alleging discrimination argue disparate treatment, in that someone not of his/her protected status was treated more favorably than s/he was under similar circumstances. For example, if your employer promoted females who were very outspoken about management, but didn't promote you because you were outspoken, you could allege sex discrimination. However, if your employer promotes without consideration of race, sex, national origin, etc. but refuses to promote you because you were outspoken about poor management, that doesn't violate the federal EEO laws. You are being treated differently because of your behavior - being outspoken, not any protected status.

You seem to know why you aren't being promoted. You would compare your treatment to others in the same boat and if there is some indication that you are being treated differently than females (or others not in your protected status) in the same boat, you would proceed with a complaint of discrimination based on sex discrimination.