retaliation
i filed a discrimination complaint against the worlds largets retailer in 1998. since then i have applyed for promotions and been passed over by less qualifed individuals. i have 15yrs with the company, and my income has been limited.
1 answer | asked Dec 20, 2005 07:01 AM [EST] | applies to Pennsylvania
Answers (1)
Denial of promotions after you complain of discrimination may create a claim for retaliation.
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, denial of promotions after you complain of discrimination may create a claim for retaliation. In your case, however, the problem is that the complaint was seven years ago, and you do not state when the denials of promotion occurred. If the dneials happened this year, you may not have a strong claim because of the time difference. If the denials happened six or seven years ago, you may not have a claim because too much time has passed (you must file a claim for retalation within 300 days of the retaliatory act). However, if the denials have been regular and ongoing, you may have a 'continuing violation' claim, in which a seven-year campaign of retaliatory acts is treated as one large retaliatory action, instead of several smaller ones. Such a campaign may be easier to connect to the discrimination complaint, and you might still be within the 300-day limit for filing a complaint about the retaliation.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
posted by Christopher Ezold | Dec 20, 2005 08:23 AM [EST]
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, denial of promotions after you complain of discrimination may create a claim for retaliation. In your case, however, the problem is that the complaint was seven years ago, and you do not state when the denials of promotion occurred. If the dneials happened this year, you may not have a strong claim because of the time difference. If the denials happened six or seven years ago, you may not have a claim because too much time has passed (you must file a claim for retalation within 300 days of the retaliatory act). However, if the denials have been regular and ongoing, you may have a 'continuing violation' claim, in which a seven-year campaign of retaliatory acts is treated as one large retaliatory action, instead of several smaller ones. Such a campaign may be easier to connect to the discrimination complaint, and you might still be within the 300-day limit for filing a complaint about the retaliation.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
posted by Christopher Ezold | Dec 20, 2005 08:23 AM [EST]
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