Promotion denied

[lyslize]

I work in local government. I have been employed 3 years and have tested and applied for promotional positions within my classification. Have had no success advancing. I was second on the list for the last position I applied for. I had ALL the qualifications, in fact, 1/2 of the job (newly created) will be duties I am currently performing, and will be taken away from me with new duties assigned to my current position. I am 48, silver-haired, slightly overweight, short, but quite capable. My competition (#1 on the list) is early 30's, tall, blonde, "barbie doll." The City Manager (director in my department, and immediate supervisor of the new position) is the one to make the final call. He told my immediate supervisor that although Barbie had no experience whatsoever in the field, she had the "look that he wants to portray for the department." She argued that I could hit the ground running on the new job, etc. (This man has a history of degrading "mere clerical" employees, also.) He said he was really torn about who to choose, because he knew I could perform. Two days later, he chose "barbie." Now I will have to train her! Do I have a case? My immediate supervisor was very upset about his decision and has said she will support me in every way if I file a discrimination suit, and will testify to his comments about me to her.
I am now wondering that because I don't have the "look" I have been passed up for past promotions because of this.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Quite possibly it is a discriminatory act. If this person is willing to support you, have her sign and notarize a written affadavit. Get an employment labor law attorney immediately. Discrimination will be hard, but not impossible, to prove.

Yes, this society is built upon image. I work in the entertainment industry and I know how image conscious everyone is. There is also another thing: I run into this all the time because I am young compared to my counterparts and extremely experienced and intelligent: PEOPLE GET INTIMIDATED BY EXPERIENCES AND COMPETENCE. THEY FEAR THEIR JOBS ARE IN JEOPARDY BY YOU.

Hope this helps.