EEOC discrimination scenario

[baylor3217]

What is the name of your state (only U.S. law)?
Texas

Over the past near 10 years, we have had approximately 16 promotions into senior management positions of internal Employees. Of these 16 promotions, 15 have been women or what has historically been deemed "minorities", of which I am neither.

Fully 90% of these promotions have been given to people who have at this point, at most, 1/3 of the experience that I do. I have a track record of performance appraisals that typically exceed the average rating, am well liked, and have delivered projects that continue to generate hundreds of millions of $ per year, if not more, for the company I work for.

As I have tracked this pattern and I and my peers continue to scratch our heads as to why someone with my pedigree and resume continues to be passed over for less qualified candidates, one realizes the pattern cannot be denied.

I always believed that hard work and accomplishment would be what mattered most and not demographics, but we seem to be well past that given the facts.

I've never pursued litigation for something like this but am finding the financial impact to my career is starting to become impossible to ignore.

What options do I have and what does it take to prove a case such as this? Again, fully 93.75% of all promotions over the past decade have gone to individuals that seem to fit a specific quota.

 

[commentator]

What protected class do you maintain you are a member of?

 

[baylor3217]

What protected class do you maintain you are a member of?

over 40 years of age

 

[justalayman]

What protected class do you maintain you are a member of?

While I don't see it stated I presume op is a male.


I suspect he is a white male as well.


And yes, that makes him a member of a protected class:
Males
Whites (caucasian)

Discrimination against non-minority classes is still unlawful discrimination. You cannot discriminate based on gender or ethnicity. Some people have called it reverse discrimination but there really is no such thing. It is simply: gender or ethnicity discrimination.


ETA; Wow am I surprised he pulled the age card, especially since he never mentioned anybody's age.

 

[baylor3217]

While I don't see it stated I presume op is a male.


I suspect he is a white male as well.


And yes, that makes him a member of a protected class:
Males
Whites (caucasian)

Discrimination against non-minority classes is still unlawful discrimination. You cannot discriminate based on gender or ethnicity. Some people have called it reverse discrimination but there really is no such thing. It is simply: gender or ethnicity discrimination.


ETA; Wow am I surprised he pulled the age card, especially since he never mentioned anybody's age.

I'm not pulling any cards. Simply exploring my rights while continuing to be a good employee looking to be fairly compensated.

 

[cbg]

When you reported this inequity to HR, what did they say?

 

[justalayman]

I'm not pulling any cards. Simply exploring my rights while continuing to be a good employee looking to be fairly compensated.

If you aren't pulling any cards then no, you have no claim. Pulling a [whatever] card simply refers to what you are claiming as the basis of your discrimination claim.


So, you may be able to play the male card, the white (Caucasian) card and, if the other promotees are under 40, the age card. It wasn't meant as a bad thing.


As to being fairly compensated; nothing you have provided suggests your compensation is in play here. You asked about being denied promotions. If you feel you aren't being fairly compensated then either negotiate a raise or seek employment elsewhere.

 

[Taxing Matters]

What is the name of your state (only U.S. law)?
Texas

Over the past near 10 years, we have had approximately 16 promotions into senior management positions of internal Employees. Of these 16 promotions, 15 have been women or what has historically been deemed "minorities", of which I am neither.

Let’s break that down a bit. Of those 16 promoted, how many of them were women? How many were nonwhite? And how many of them were younger than you?

You mentioned they lacked the experience that you have. Are you aware of what reason management states they selected those persons for promotion? Experience or seniority is often a critical factor in government jobs and jobs covered by a union contract, but outside of that other factors may matter more to some employers. So it matters what reasons the employer had in making the choices it did.