Can being denied promotions or superior ratings be classified as continued retaliation?

In 2016, I filed a discrimination complaint with my employer and EEOC. As a result of the complaint, I was still receiving backlash as a result of filing and filed a retaliation complaint as a result of my manager discussing the filing with another team member and telling me that I was receiving adverse reactions from the team member due to my filing. My employer indicated that she was guilty of “bad behavior” and was disciplined. I was kept on her team and continued to have issues and eventually was forced to request a move to another team. Throughout all of this, I continued to excel at my work performance, but could never receive a promotion or an exceeds performance rating although I showed how my work excelled that of others.

Since my move to the other team, I have been informed that I excel at my job duties and am deserving of a promotion, but because of the past filing against my previous manager and director who also must cosign on my ratings, I am unable to promote. Per my current manager, I was recommended for a superior rating, and because all the management team must agree, he is unable to give me the rating or promotion that I deserve. Hence, a salary increase and ability to receive bonuses is diminished.

At present, I am at the lowest level in my department and am unable to qualify for other jobs without a promotion. It was recommended by my HR Department that I simply request the promotion that is due. I did that and am constantly told the same thing, “Keep performing at your level, and it will happen.” I have watched others being promoted that do not exert the level of effort that I do. Please advise if I have other options as a result of this continued retaliation. I am exhausted and would like to seek legal remedies if able to.

0 answers  |  asked Jan 10, 2019 08:34 AM [EST]  |  applies to Texas

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