If I worked for a company that denied me a promotion because of my sex and have witnesses but they are all scared to loose their jobs, do you think I have a case here?
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If I worked for a company that denied me a promotion because of my sex and have witnesses but they are all scared to loose their jobs, do you think I have a case here?
Asked on July 14, 2015 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Legally, being denied a promotion due to your sex is illegal and you have a case. Practically, the issue is whether you can prove that. If none of your witnesses will come forward, and if the company has some plausible, not discriminatory explanation for the denial (e.g. you lacked the experience; they were saving money by not promoting; there was a more qualified candidate; etc.), you would not be likely to win the case. The facts are what determines whether you have a good case; and by facts, really what is meant is the evidence you have.
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