When you work hard, contribute to your company’s success, and meet or exceed expectations, you deserve fair consideration for promotions. Unfortunately, not every workplace makes advancement decisions based on merit. Racial bias, whether overt or subtle, still plays a role in how promotions are awarded in Illinois workplaces and across the country. These discriminatory practices not only hurt the individual who was passed over, but they also undermine the fairness of the workplace as a whole. As employment law attorneys, we know how devastating it is to be denied an opportunity because of bias, and we want to help you understand what signs to watch for and how the law protects you.
At the federal level, Title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000e-2) makes it unlawful for an employer to discriminate against an employee with respect to compensation, terms, conditions, or privileges of employment—including promotions—because of race, color, religion, sex, or national origin. Employers with 15 or more employees are covered.
In Illinois, the Illinois Human Rights Act (775 ILCS 5/2-102(A)) prohibits employers from refusing to promote, segregating, or otherwise discriminating against employees because of race. This state law applies to most employers with one or more employees, making it broader in scope than federal law.
If you were denied a promotion and suspect race played a role, these laws provide avenues to pursue justice.
One of the most common red flags of racial bias is a pattern of unequal advancement opportunities. If employees of one race consistently receive promotions while equally or more qualified employees of another race are repeatedly passed over, this disparity may indicate systemic discrimination. Employers cannot justify such a pattern without legitimate, nondiscriminatory reasons.
Promotions often depend heavily on performance evaluations. When evaluations are consistently biased against employees of color—through harsher criticism, lower ratings without explanation, or inconsistent application of standards—this can directly block advancement opportunities. Title VII prohibits employers from using subjective criteria in a discriminatory way.
Another sign of racial bias is when an employer provides vague or inconsistent explanations for why you were not promoted. If you are told you lack leadership skills, but your record shows significant leadership achievements, or if the reasons given keep changing, this may suggest discrimination. The law requires that promotional decisions be based on legitimate, job-related criteria.
Sometimes bias shows up not in the promotion decision itself but in the opportunities leading up to it. Being excluded from mentorship programs, special projects, or training opportunities that prepare employees for leadership positions can create barriers for advancement. Both federal and Illinois law recognize that such exclusionary practices can amount to discriminatory treatment.
If you raise concerns about racial bias and then experience retaliation such as demotion, poor reviews, or exclusion from future opportunities, you rights are protected by both state and federal law. These laws protect employees from being punished for speaking up about discrimination.
If you believe racial bias caused you to be denied a promotion, the first step is to gather documentation. Keep copies of performance reviews, promotional postings, emails, and any communications about the decision. Next, you may file a charge with the Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights (IDHR). Both agencies investigate discrimination claims and can provide relief, including reinstatement, back pay, or compensation for damages.
You should begin by documenting everything. Save emails, evaluations, and details about who was promoted and why. Patterns of bias often show up in written records. Speaking with an employment law attorney early can also help you determine the strength of your claim.
Direct evidence, such as discriminatory remarks, is powerful, but most cases rely on circumstantial evidence. This can include showing that you were qualified for the promotion, that you were denied it, and that a less qualified employee outside your race was promoted instead. Performance records, statistical patterns, and inconsistent explanations by the employer can all support your claim.
Yes, under federal law, you generally must file a charge with the EEOC before pursuing a lawsuit in federal court. In Illinois, you can also file with the IDHR, which has the authority to investigate and take action under state law. An attorney can help you determine which route best fits your case.
No. Both federal and Illinois law prohibit retaliation for asserting your rights. If your employer demotes you, gives you negative reviews, or otherwise punishes you for complaining about discrimination, you may have a separate retaliation claim.
Remedies can include back pay, front pay, promotion to the denied position, compensation for emotional distress, and attorneys’ fees. In some cases, punitive damages may be available under federal law to punish especially egregious conduct.
Generally, you must file with the EEOC within 300 days of the discriminatory act in Illinois. The IDHR has similar deadlines. Missing these deadlines can prevent you from pursuing your claim, so acting quickly is critical.
Employers are prohibited from retaliating against you for asserting your rights. While you may fear career consequences, many employees successfully assert claims and continue advancing in their careers. Legal protections are in place to ensure your rights are respected.
At Law Office of Michael T. Smith & Associates, we fight for employees who have been denied promotions because of racial bias. We understand how painful and unfair it is to be overlooked despite your hard work and qualifications. Our team has decades of experience holding employers accountable under both federal and Illinois employment laws.
If you suspect racial discrimination played a role in a promotion decision, do not wait. To receive your free consultation, contact our Chicago employment law lawyer at the Law Office of Michael T. Smith & Associates when you call (847) 450-1103. Our office is located in Lisle, Illinois, and we represent clients throughout the entire Chicago area.
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