Passed Over for Promotion? Evidence Officers Should Organize

ADKINS&PURKEY RESOURCE LIBRARY · SEPTEMBER 23, 2026

Reconstruct the process that actually occurred

Keep the announcement, eligibility rules, application, interview invitations, scoring information you lawfully receive, and the final notice. Identify when the criteria were established and whether they changed. Record who screened applicants, who interviewed them, and who made the final decision. Do not assume that seniority controls unless the applicable rules say so. A candidate’s strong qualifications are relevant, but they do not alone prove discrimination or establish a right to selection.

Use comparisons carefully

Comparable applicants can help illuminate how a stated standard was applied, but rumors about another officer’s record are an unreliable starting point. Distinguish known qualifications from assumptions. Ask counsel about lawful access to selection records and limits protecting examination materials or other employees’ files. Consider whether there were specific comments, inconsistent explanations, unusual procedural departures, or patterns tied to a protected characteristic. Preserve each promotion decision’s date because a later opportunity may not extend the deadline for an earlier one.

What to gather

• Save the announcement, application, selection notices, and available scoring criteria.
• Identify decisionmakers and any documented changes in the selection process.
• Separate verified comparator facts from information that still needs confirmation.

Am I entitled to every applicant’s personnel file?

No. Personnel and testing records can be restricted. Counsel can evaluate appropriate requests and available evidence without unauthorized access to another officer’s confidential information.