{ "media_type": "text", "post_content": "Had anyone ever filed an EEOC complaint against their agency or former agency? If so, what happened? I’m thinking about filing one against my agency due to being passed over for a promotion.", "post_id": "5cbaa8194aa394001dad7ad6", "reply_count": 33, "vote_count": 2, "bowl_id": "5565cfca8b2b9a03009acf57", "bowl_name": "Advertising", "feed_type": "crowd" }

Had anyone ever filed an EEOC complaint against their agency or former agency? If so, what happened? I’m thinking about filing one against my agency due to being passed over for a promotion.

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It's also worth noting that the age at which EEOC regulations kick in from a non-discrimination standpoint is 40. If that's the basis of your complaint then you have to show that the discrimination happened when you were at least that age, otherwise you wouldn't have been part of a protected class. Other protected classes (religion, race, sex, pregnancy status, etc) apply at any age. It's not an easy thing to prove - on the other hand, no shop wants anything like that coming out, so you might have better luck hiring a private attorney and suing for settlement rather than going through the EEOC, which is probably better equipped to deal with systemic issues that have multiple complainants. Good luck.

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there was a similar post about this like a week ago. you may be seen as a work horse and therefore you'll never be promoted. they need you in your production role. especially if you are good and get shit done. (you're providing all 3: fast, good, cheap!) you could always try to negotiate for $$$ rather than titles. and from my POV, usually ppl that move up the ladder aren't great at the work, but have excellent leadership and communication skills. work on those and maybe you'll be viewed in a different light. or, perhaps you'll always be viewed as a work horse and that means it's time to move on. I have been in the same situation and when I realized I couldn't change their perception I dipped.

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I was referring to good communication that serves others, not just oneself. So technically I guess yup ya got me, *bud*. It is communication just the shittiest kind. I’d classify it as manipulation. Whatever you want to call it, it doesn’t make them leaders or worthy of a promotion.

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I'm not sure not being a bro counts as discrimination. Have you asked why you haven't been promoted?

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OP, per the above, have you asked why you weren't promoted? Seems like the obvious next step before filing a claim.

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I should add that the people promoted have half the experience I have, started 6 months after me, are younger then me, and have bro status. I am not a bro, thank god.

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Perhaps you are being overlooked for personal reasons. But, have you considered the possibility that those people are simply more talented than you? It’s a subjective assessment we all deal with.

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If they were more talented, I wouldn’t have a problem.

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Having “bro status” definitely won’t hold up in court. How big an age difference are we talking? A few years isn’t going to mean anything to a court either. People surpass other older than them all the time in the workplace. The experience thing might, but you’d have to prove you deserved a promotion and they didn’t.

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I’ve see it happen twice. Both times they lost the suit, as it is a very difficult thing to prove. And for both people, their career is ruined. Everybody k ones what they tried to do and won’t touch them with a ten foot pole. If you’re really pissed and are actually worth it, just leave and get a better job elsewhere. Or risk ruining your careeer like they did.

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Before filing have a conversation and collect their input. If you file prepare for them to explain their way out of it so be sure you have done your recon work to make it as simple and straightforward as possible

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Document. Document. Document Everything.

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Stop scheming. Maybe ur just not a good fit.

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I agree with the overall sentiments expressed above. You might have a better shot if you have had an outstanding performance review (better than the others) shortly before them getting promoted. Best might be to talk to your boss and ask what you can do to also be promoted. I am not saying this is your case but I’ve seen this happen several times in the last few years. I.e people playing the discrimination card )gender, race, age) for not getting what they thought they deserve where the actual reality being that they were simply not good enough or better or perceived as a key player at the agency.

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It’s the settling that let’s them continue this BS.

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The squeaky wheel always gets the oil... Have you thought about chatting to HR and your manager rather than an anonymous post on fishbowl? Younger people seem to have the right idea - ask, ask, ask and ye shall receive.

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Can anyone actually answer the question posted? Not your thoughts on if I have a valid claim or not. Unless you’re in the the room, you can’t really provide an informed comment on my current situation.

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Talk to a private attorney and get their sense of you have a real case. Do NOT go to HR, their interest is in protecting the employer, not you

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You'll need written proof that it was discrimination. Otherwise, no dice.

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I literally have emails from my CD saying that I was passed over because he wanted someone with a young, male perspective. (Guess you better get off the account where you make ads for 18-24 yo women of color then older than me white dude.) I went to a lawyer and I wrote you in my previous answer exactly what he told me. Basically be ready to throw $$$ at it and have years of battling them.

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