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The first thing you should do is to get a copy of your personnel file from your employer.  Under state law, you are entitled to review and receive a copy of your personnel file.  It is entirely possible that there may be information in that file which is impeding your ability to receive a promotion.  You will want to keep a copy of that file to show to an attorney in light of the number of times you have been turned down for a promotion.

Next, you want to write up a log that specifies:  (1) date of job applied for; (2) the job title and the qualifications for job; (3) who got the job and their approximate age, gender and race if it differs from yours; (4) why you believe you were more qualified than the applicant; and (5) whether you even got an interview for the job.   This is the type of information an attorney will want to see. 

If you believe you have not gotten the job because of your race, gender, age, ethnic origin, religion, disability, marital status ect. then you may have some type of a discrimination claim.  Similarly, if you complained about certain conduct directed against you (typically discriminatory conduct), you could have a retaliation claim, especially in light of the number of times you have been passed over for a promotion.

I would encourage you to consult an attorney who specializes in employment law after you have assembled this information so that he or she can assess whether you have been treated unfairly.  For example, if you are a black woman and the organization has hired less qualified white men, you may have a gender and race claim.  If the "friends" of management are "white guys" like management and you are not a "white guy", then that too can be a basis for discrimination.  Sometimes, a letter from a competent attorney pointing out that you have been treated in a discriminatory fashion will result in upper management taking a look at the situation more closely and, in turn, management may rectify the situation.

I would continue to apply for each promotion that you are qualified for, especially if you determine that your employment history with the company has been satisfactory.  However, If there have been a number of reprimands or indications of unsatisfactory performance, that could also explain the failure to promote.  Even in that instance, I would encourage you to discuss the situation with a competent employment law attorney after you've assembled the relevant information to see if any unlawful conduct has occurred.  For example, I am aware of instances where the male employee was written up for precisely the same conduct that was not the subject of a write up for the female employee and that write up in turn impeded the employee's ability to be promoted  - in other words, an element of discrimination came into play in issuing the reprimand and this, in turn, caused the employee to be passed over for the job.

If you've been a long-time employee with good reviews, then the situation definitely merits further scrutiny as something appears amiss here.   I have had several cases where my clients were passed over for multiple promotions which they should have received.  All those cases were resolved to the satisfaction of those clients.  So, if the right facts are there, a little gentle persuasion from a lawyer may be all that is needed.

Note:  This material was prepared and submitted by Juneau attorney Kathleen A. Frederick of Baxter Bruce & Sullivan PC.  Ms. Frederick is a member of the Alaska Bar Association's Employment Law Section.