Getting passed over for a promotion is frustrating—especially when you’re qualified, experienced, and have a strong performance record. But when the reason behind that decision isn’t your ability, but your sex or gender, the situation moves from unfair to unlawful. Sex and gender discrimination in promotional decisions remains a serious issue in workplaces across California, and employees have the right to challenge it.
If you believe you were denied a promotion because of your sex, gender identity, or expression, PLBH is here to help you understand your rights and hold your employer accountable.
Understanding Sex and Gender Discrimination in Promotions
Discrimination in promotions occurs when an employer fails to promote a qualified employee because of their sex or gender, rather than their performance, credentials, or professional qualifications. It can take many forms, some obvious and others more subtle.
Common examples include:
- A male employee consistently promoted over equally or more qualified female colleagues
- A transgender employee overlooked after coming out or transitioning
- Biased comments suggesting that a woman wouldn’t be “tough enough” for a leadership role
- Promotions based on stereotypical expectations of how men or women “should” behave
- A refusal to promote someone who becomes pregnant or returns from maternity leave
Under both federal law (Title VII of the Civil Rights Act of 1964) and California’s Fair Employment and Housing Act (FEHA), it is illegal for employers to base employment decisions—including promotions—on sex, gender identity, gender expression, or pregnancy.
Signs You May Be Facing Discrimination
Sex and gender discrimination can be difficult to detect, especially if your employer masks biased decisions under vague justifications like “not a good fit” or “lacks leadership potential.” However, the following red flags may indicate discriminatory intent:
- You’re passed over for promotion despite meeting or exceeding qualifications
- A less experienced or less qualified colleague of a different gender is promoted instead
- Your supervisor makes sexist or gender-based remarks—jokingly or otherwise
- You’re held to higher performance standards than your male counterparts
- You’ve experienced negative treatment after disclosing your gender identity or pregnancy
If these patterns sound familiar, it may be time to take legal action.
What to Do If You Suspect Discrimination
Taking the first step in a workplace discrimination case can feel overwhelming, but documentation and support are key.
Here’s what you can do:
- Document everything: Keep records of promotion announcements, performance reviews, emails, and any discriminatory comments or behavior.
- Compare qualifications: If someone else received the promotion, note their experience and achievements compared to your own.
- File an internal complaint: Report the issue to HR or your company’s Equal Employment Opportunity officer. This puts your concerns on record.
- Consult with an employment attorney: A legal professional can assess your case, help you understand your rights, and guide you through the next steps.
How PLBH Can Help
At PLBH, we’re passionate about protecting workers from unlawful discrimination. Our legal team focuses exclusively on employee representation and has experience handling complex sex and gender discrimination cases, including those involving:
- Denied promotions
- Retaliation for reporting bias
- Unequal pay for equal work
- Harassment or hostile work environments
We’ll investigate your case, gather the necessary evidence, and work to hold your employer accountable—whether through negotiation, administrative complaints, or litigation.
Take Action to Protect Your Rights
No one should be denied the opportunity to advance their career because of their sex or gender. Promotions should be based on merit—not stereotypes or bias.
If you believe you were unfairly passed over for a promotion due to sex or gender discrimination, don’t wait. Call PLBH at (800) 435-7542 today for a confidential consultation. Let us help you fight back and seek the justice you deserve.