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Yes, You Can Be Denied a Promotion for Failing a Qualification Test

by | Feb 4, 2025 | Age Discrimination, Employment Discrimination, Employment Law, Federal Law Update |

Ah, the age-old tale: the “perfect” employee overlooked for a promotion, left wondering why their brilliance went unnoticed. Was it employment discrimination? Maybe. Or was it the fact that you bombed the qualification test for the job? Spoiler alert: it is probably the latter.

That is exactly what happened in Walden v. General Electric International, Inc., 119 F.4th 1049 (6th Cir. 2024), where the United States Court of Appeals for the Sixth Circuit reminded everyone that employers are well within their rights to deny you a promotion if you do not meet the stated qualifications—no matter how unfair it might feel. Let’s dive into the details of Michael Walden’s failed attempt to turn his testing flop into age discrimination and failure to promote claims under the Age Discrimination in Employment Act of 1967 (“ADEA”).

Michael Walden, a long-time General Electric employee, wanted to move up the ranks. The problem? The promotion required passing a written qualification test with a minimum score of 85 percent. Walden scored lower than 85 percent, making him ineligible. When a younger applicant aced the test and got the job, Walden asserted age discrimination under the ADEA.

The Sixth Circuit Court of Appeals was unimpressed. The Sixth Circuit held that passing the written test was a bona fide job qualification. Since Walden failed to meet this basic requirement, he could not prove he was qualified for the job—a necessary element of an age discrimination claim. Specifically, the Sixth Circuit Court of Appeals held, “A plaintiff who cannot demonstrate qualification for the position at issue cannot sustain a claim under the ADEA.” Walden at 1055.

Here is the takeaway: you might have decades of experience, glowing reviews, and an office coffee mug proclaiming you as “Employee of the Month,” but if the job requires passing a test and you fail, you are out of luck.

Is Requiring A High Test Score Discriminatory?

Walden also argued that the 85 percent cutoff score was a pretext for age discrimination. His logic? Younger employees might find it easier to score well on a test. The United States Court of Appeals for the Sixth Circuit, however, wholly rejected this argument. General Electric demonstrated that the test score was directly tied to the job’s requirements and consistently applied to all applicants, regardless of age. The Sixth Circuit held that “an employer’s reliance on objectively measurable criteria, like test scores, is a legitimate and non-discriminatory basis for employment decisions.” Walden, 119 F.4th at 1057.

Translation: unless you can prove that the test is designed to weed out older applicants—or that younger candidates are getting unfair advantages—you are not going to win a failure to promote case based on test scores.

Best Employment Discrimination Attorney Blogs on Point:

What Is The Legal Standard For A Failure To Promote Claim Under The ADEA?

To prove a failure to promote claim under the Age Discrimination in Employment Act (“ADEA”), an employee must establish four critical elements:

  1. The employee is at least 40 years old, qualifying as part of the protected age group under the ADEA.
  2. The employee was qualified for the promotion, meaning they met all the objective criteria set forth by the employer for the position.
  3. The employee was denied the promotion despite being qualified.
  4. The employer awarded the promotion to someone outside the protected age group or took other actions giving rise to an inference of age discrimination.

The burden then shifts to the employer to provide a legitimate, non-discriminatory reason for the decision. If the employer succeeds, the employee must show that the stated reason is a pretext for discrimination. In cases involving qualification tests, this means proving that the test requirements were either applied inconsistently or were designed to disproportionately disadvantage older workers.

In Walden, Walden’s claim failed because he could not establish that he was qualified for the promotion. The Sixth Circuit Court of Appeals held that his inability to achieve the required test score precluded him from meeting the qualifications, stating, “A plaintiff who cannot demonstrate qualification for the position at issue cannot sustain a claim under the ADEA.” Walden v. Gen. Elec. Int’l, Inc., 119 F.4th at 1055.

In failure to promote cases, courts scrutinize whether the employer’s decision was based on legitimate business needs or discriminatory intent. Meeting the qualifications is a critical first step in building a successful claim. Without it, the case falls apart.

Best Age Discrimination Lawyer Blogs on Point:

What Should You Do If You Think You Were Wrongfully Denied A Promotion?

If you believe your employer unfairly denied you a promotion, start by documenting everything. Keep a detailed record of the job posting, requirements, communications about the process, and your performance during any assessments. Having this evidence will be critical when presenting your case.

Next, consult an experienced employment lawyer. A skilled attorney can evaluate whether your failure to promote was due to unlawful discrimination or whether it was a legitimate decision based on qualifications. Time is of the essence, as discrimination claims often have strict deadlines, so do not delay in seeking best employment lawyer near you.

Best Failure To Promote Law Firm Blogs on Point:

How Do I Find The Best Attorney For My Failure To Promote Case?

If you are searching for the best attorney to fight your failure to promote case, look no further than Spitz, The Employee’s Law Firm. Unlike general practice firms, we specialize exclusively in employment law, giving us unparalleled expertise in handling these cases.

At Spitz, we have a team of experienced trial attorneys ready to take on any employer. Our commitment to employee rights and proven track record of success make us the go-to choice for individuals seeking justice. With our no-fee guarantee, you only pay if we win your case. Plus, we offer free consultations to help you understand your options and take the first step toward holding your employer accountable.

Call Spitz, The Employee’s Law Firm today, and let us fight for the justice and promotion you deserve.

Employment Lawyer Disclaimer

This employee’s rights blog provides general information about employment law, failure to promote, and age discrimination. It should not be taken as legal advice about employment discrimination. Every case employee’s rights case is unique, and you should consult a qualified employment lawyer for specific advice about your situation. No guarantees or promises are made regarding case outcomes. This workplace rights blog is a legal advertisement by Spitz, The Employee’s Law Firm.