Were You Denied a Promotion Because of Bias at Work?

At Lipsky Lowe, LLP, we handle a wide range of discrimination claims, including failure-to-promote claims. In New York City, employers cannot make promotion decisions based on race, gender, age, religion, disability, or other protected characteristics. If you believe discrimination influenced a decision to deny you advancement, we can help. Contact us today for a confidential consultation. 

Why Choose Lipsky Lowe LLP for Promotion-Discrimination Cases

At Lipsky Lowe, we focus exclusively on employment law. Our attorneys have more than 40 years of combined experience representing workers throughout New York City across multiple industries. We have secured meaningful results for clients who were denied promotions, demoted, or retaliated against after complaining about bias.

Clients choose our firm because we:

  • Know how to identify discriminatory patterns in hiring and promotion decisions
  • Develop strategies that achieve results through negotiation or litigation
  • Offer personalized guidance and direct access to experienced attorneys
  • Understand the emotional and professional impact of being unfairly overlooked

When you partner with us, you gain a team that is ready to listen, build your case, and pursue the advancement you deserve.

What Qualifies as a Failure-to-Promote Claim?

A failure-to-promote claim arises when an employer denies an employee a promotion for a discriminatory reason. Favoritism or poor management alone is not illegal. The decision becomes unlawful when a protected characteristic plays a role in the outcome.

Federal, state, and city laws all protect employees from this type of discrimination, including:

  • Title VII of the Civil Rights Act of 1964 (race, color, religion, sex, national origin)
  • The Age Discrimination in Employment Act (ADEA)
  • The Americans with Disabilities Act (ADA)
  • The New York State and New York City Human Rights Laws (NYSHRL and NYCHRL)

The NYCHRL offers the strongest protections in the country. It applies to most employers and requires only proof that an employee was treated less well than others because of a protected trait.

How to Recognize Discriminatory Promotion Practices

Not every unfair decision is discrimination, but there are warning signs that bias may have influenced a promotion. Examples include:

  • Qualified employees repeatedly passed over in favor of younger or less experienced workers
  • Comments or conduct that reflect stereotypes about gender, race, or age
  • Unclear or shifting criteria for selecting candidates
  • Promotions made without posting openings or allowing fair competition
  • Retaliation against those who question the process or support a coworker’s complaint

If you notice patterns like these, document them and seek legal guidance as soon as possible.

How to Prove a Failure-to-Promote Case in NYC

Promotion discrimination cases often turn on documentation and timing. The following steps strengthen your position:

  1. Keep records of performance and qualifications. Save positive reviews, awards, and emails that demonstrate success in your role.
  2. Identify who was promoted instead. Compare credentials and experience.
  3. Gather communications. Keep copies of job postings, messages, or statements suggesting bias.
  4. Consult an employment lawyer early. An attorney can send preservation notices and collect internal evidence before it disappears.

Because New York City law has a lower threshold than federal law, it is often easier to prove unequal treatment under the NYCHRL than under Title VII or the ADEA.

Compensation You Recover for a Denied Promotion

Employees who win promotion-discrimination cases may recover:

  • Back pay and front pay for lost wages and benefits
  • Compensatory damages for emotional distress or reputational harm
  • Punitive damages if the employer’s conduct was especially egregious
  • Attorneys’ fees and costs
  • Promotion or reinstatement to the position denied

The amount depends on the severity of the discrimination, the income difference between positions, and the length of time the employee was affected.

How to File a Failure-to-Promote Claim in NYC

Employees have multiple avenues to pursue justice:

  1. Internal complaint–Many employers require reporting through HR before outside action.
  2. Administrative agencies–You may file with the EEOC, the New York State Division of Human Rights, or the NYC Commission on Human Rights.
  3. Lawsuit–You can file a claim in court, especially under the NYCHRL, which allows up to 3 years to file (for acts that occurred on or after 2/15/2024)

If you were denied a promotion for reasons that seem unfair or discriminatory, you do not have to accept it as part of doing business. Let Lipsky Lowe LLP evaluate your claim, explain your legal options, and pursue compensation or reinstatement.

Contact us today to schedule a confidential consultation with an experienced failure-to-promote lawyer in NYC.

Common Questions

What is a failure to promote claim?

A failure-to-promote claim arises when an employee is denied advancement because of discrimination based on race, gender, age, religion, disability, or another protected trait. In New York City, workers can file a failure-to-promote claim under federal, state, or city law if bias or retaliation played a role in the decision.

How do I prove a failure-to-promote case in NYC?

To prove a failure to promote case, you must show that you were qualified for the position, that your employer promoted someone else under suspicious or biased circumstances, and that your protected characteristic was a factor. Keeping records of performance reviews, job postings, and internal communications strengthens a failure to promote claim.

What compensation is available in a failure to promote lawsuit?

Employees who win a failure-to-promote lawsuit may recover back pay, front pay, emotional-distress damages, and attorneys’ fees. In serious cases, courts may also order promotion or award punitive damages to deter future discrimination.