If my employer refused to move me forward even though I worked harder than those that did move forward, is there any action that I can take?

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If my employer refused to move me forward even though I worked harder than those that did move forward, is there any action that I can take?

New employees were being hired in at a higher pay rate than I was at despite my 3 years of seniority. I quit because it seemed as though I was being discriminated against for some reason. I am a 40 year old white male. This was a manufacturing position.

Asked on June 7, 2018 under Employment Labor Law, Indiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Can you demonstrate that your race and/or gender was the reason that you were not promoted? If so, then that constitutes a form of legally actionable discrimination and you can file suit against your former employer. If not, then just because you were treated differently, you do not have a claim. The fact is that not allworjkers need be treated the same or even fairly (absent the above describe discrimination). Accordingly, your former employer could set he conditions of the workplace much as it saw fit.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Can you demonstrate that your race and/or gender was the reason that you were not promoted? If so, then that constitutes a form of legally actionable discrimination and you can file suit against your former employer. If not, then just because you were treated differently, you do not have a claim. The fact is that not allworjkers need be treated the same or even fairly (absent the above describe discrimination). Accordingly, your former employer could set he conditions of the workplace much as it saw fit.


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