Do i have a case against my place of employment if i am being discriminated against for my sexual preference,my race,& gender?

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i keep being passed up for a promotion. my boss keeps telling me that i'm up for it just so ill continue to take on the extra responsibilities. This has been going on for a year now. Then i see a posting online for the position. She is unfair, unethical, and i feel a racist.

4 Attorney Answers

Why do you feel that you are being denied these positions? It is discrimination if you can prove the reason is based upon one of the factors you list in your question. The fact that your boss may be a racist is not, by itself, proof of discrimination against you.
Also, remember that there is a very short time to file discrimination complaints. The EEOC has a 300 day limit, It appears that NJ has a 180 time limit. You need to speak with an attorney, the EEOC, and/or the NJ Division of Human Rights immediately, or you could be precluded from filing a claim.
If you have proof that you were discriminated against because of you sexual orientation, race or gender then you have a potential claim. The fact that you did not receive the promotion is not in itself enough to prove discrimination. You may want to inquire about the position or formally apply for it. If you are denied the promotion then politely ask for the reason.
No one should have to suffer discrimination at work. If you have proof then please call a lawyer. The lawyer will help you to flush out the important facts and to determine whether your case is worth pursuing.
You can call any lawyer you want. Mention that you found the lawyer on Avvo and ask for a free consultation.
I hope you get the answers you need and the compensation you deserve.
Eric A. Shore
Employment Lawyer
Yes it is possible that you are being discriminated against. if you are doing work that is above your level without being properly compensated then that can be considered discriminatory also. Of course there are proof burdens that you must meet. You should meet with an employment law attorney to discuss your case. You should know that suing a current employer is a great way to get fired and increase negative tension at work, so you are also best advised to leave this job and find another if that is possible.
You would have to prove that the REASON for the lack of promotion was your sexual preference, race and gender, not just that you happen to be a member of those classes. You have not mentioned any action that says "this is discrimination", just that you happen to not have gotten a promotion that is posted.

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