Can I file an employer discrimination suit if I am not afforded an opportunity for a promotion? I have been at my job for over 6 years. I have received 5 out of 6 excellent annual reviews. I had tried to start a charter school in my district about 3 years ago due to the poor performance of the district schools. I was told from the new principal that he wanted me to be his assistant principal. The assistant superintendent agreed with promoting me as well, however the superintendent refuses to promote me stating that she does not feel I am loyal to the district. I grew up in this district and returned to work. I am the senior administrator in the high school where I work. I am of mixed races while the superintendent is Caucasian. Any guidance you give is appreciated. I feel I am being discriminated on the basis of trying to have opened a charter school. My work that I have done in the district has reflected my ability to perform as an assistant principal along with my 2 master's degrees.
1 Answer from Attorneys
Discrimination is illegal only if it is based on a protected class. So, for example, if the discrimination was based on your race, that would be illegal. Individuals who tried to start charter schools and came back to work are not in a protected class. Unless there is a contract or collective bargaining agreement that controls the promotion, or you can prove that the discrimination is based on your race (or other protected class), your employer likely has done nothing illegal. However, there may be additional facts which you should discuss directly with an attorney before making any decisions.