There is never a guarantee that because an employee possesses certain qualifications that they will be hired or promoted to a certain position. However, discrimination or retaliation certainly can play a key role in cases regarding a failure to promote or hire qualified personnel. By analyzing business records, witness testimony, and work history, various forms of discrimination may be identifiable. Factors such as ethnicity, age, and gender often determine the outcome of hiring or promotional assessments.
It is difficult to prevail in a failure to promote or hire lawsuit without proper documentation. Compiling the following list will strengthen your cause and help the lawyer evaluating your claim:
Businesses cannot always hide discriminatory actions. For example, when layoffs occur, did the age of the affected employees matter? Have the latest job promotions all gone in favor of specific genders or races? Also, how does your skill set compare to those who were promoted or hired? Your attorney will recognize if patterns of discrimination are present and gather evidence to build a strong case on your behalf.