Re: race discrimination
Promotion is a management prerogative that involves many factors. As you point: two factors that may be considered may include aptitude tests and length of service.
However, an employer can consider other factors as well including:
1) The managers evaluation of an employees ability to take on additional responsibilities. Because an employee does well in one position doesn't sutomatically mean they can do a job with more responsiblity.
2) Reliability: The employers evaluation of whether the employee just does their job or whether they go out of their way to learn new skills and improve the efficiency of the workplace, whether they show up on time, etc.
3) Evaluations & Disciplinary action: An employer can consider the the strength of an employees past performance including both evalutations and disciplinary actions.
There are many other factors that an employer can consider in making their decision to promote someone.
You did not state the facts upon which you base your claim of discrimination or the type of discrimination that you believe occurred.
Because you filed does not mean you will get any type of award. The only way you can circumvent the administrative process and get money any faster is to settle with your employer before the process is complete. However if your employer believes they acted properly they probably will not settle with you or they will settle for an amount that will cost them less than if they have to pay an attorney to represent them.
