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I feel discriminated against.

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bkk3141

Junior Member
What is the name of your state (only U.S. law)? AZ
Over the past 2+ years I have been applying for a computer tech position within our school district. The first two times, I received an interview without getting hired. Since then the job has become available 4 more times. I applied each time, a resume was requested of me along with the completion of a skills evaluation, which I have done each time. The last 4 times the job has been filled without giving me the opportunity to interview. When I send an email asking if the job is still available, they don't respond. I know for a fact that I meet/exceed all the qualification as well as acing the evaluation. Is this discrimination, I don't even get the chance to interview. Also, since that time I have been in school earning my associates degree in the IT field. Additionaly I am a 42yr old white married male.
 


cbg

I'm a Northern Girl
And you think that you're the only qualified applicant to be submitting their resume? In this economy?

What EVIDENCE do you have that but for your age, gender, or what have you, you would definitely have been hired?
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? AZ
Over the past 2+ years I have been applying for a computer tech position within our school district. The first two times, I received an interview without getting hired. Since then the job has become available 4 more times. I applied each time, a resume was requested of me along with the completion of a skills evaluation, which I have done each time. The last 4 times the job has been filled without giving me the opportunity to interview. When I send an email asking if the job is still available, they don't respond. I know for a fact that I meet/exceed all the qualification as well as acing the evaluation. Is this discrimination, I don't even get the chance to interview. Also, since that time I have been in school earning my associates degree in the IT field. Additionaly I am a 42yr old white married male.
You definitely have been discriminated against!

You have no evidence that any illegal discrimination has take place.
 

commentator

Senior Member
Do you think your discimination claim is on the basis of a protected characteristic? It is perfectly legal for an employer to discriminate. They make discriminatory decisions every time they chose Applicant A over Applicant B. But if you could not show evidence that their failure to interview you or hire you was based upon a protected characteristic, such as age, sex, national origin, there would be no illegal discrimination. It might be determined to be illegal discrmination if for example you could show a pattern of discrimination in that they had not interviewed or hired any white males over 40 during the last three years.

They may have seen something totally subjective in that first interview with you that they did not like, and are perfectly within their rights in their refusal to re-interview you. Perhaps they have just had better qualified applicants. They do allow you to re-apply, to update your qualifications and be considered in these subsequent interviews, but just because a person has applied a lot of times does not mean he/she must be interviewed or given the job.
 

bkk3141

Junior Member
Do you think your discimination claim is on the basis of a protected characteristic? It is perfectly legal for an employer to discriminate. They make discriminatory decisions every time they chose Applicant A over Applicant B. But if you could not show evidence that their failure to interview you or hire you was based upon a protected characteristic, such as age, sex, national origin, there would be no illegal discrimination. It might be determined to be illegal discrmination if for example you could show a pattern of discrimination in that they had not interviewed or hired any white males over 40 during the last three years.

They may have seen something totally subjective in that first interview with you that they did not like, and are perfectly within their rights in their refusal to re-interview you. Perhaps they have just had better qualified applicants. They do allow you to re-apply, to update your qualifications and be considered in these subsequent interviews, but just because a person has applied a lot of times does not mean he/she must be interviewed or given the job.
I was under the impression that if you meet/exceed all the qualifications that you should be afforded an interview. I am in a rural area and their are not an abundance of qualified candidates, that is why I believe the job becomes available every 3-6 months. The last guy they hired got arrested for sexting with a student. I'm just frustrated.
 

CSO286

Senior Member
I was under the impression that if you meet/exceed all the qualifications that you should be afforded an interview. I am in a rural area and their are not an abundance of qualified candidates, that is why I believe the job becomes available every 3-6 months. The last guy they hired got arrested for sexting with a student. I'm just frustrated.
They are not required by law to ensure that all qualified applicants are offered interviews.
 

cbg

I'm a Northern Girl
Nothing in the law says that all qualified applicants have to be interviewed. In a low economy like this one, that could easily (and I am not exaggerating one whit) mean having to interview 300 people. For one position.

Without some EVIDENCE that you are not being hired BECAUSE OF your race, religion, national origin or other characteristic protected by law, you have nothing. In fact, what you do have is some evidence that for whatever reason, they are not interested in hiring you. Move on.
 

bkk3141

Junior Member
They are not required by law to ensure that all qualified applicants are offered interviews.
Thank you for your input. I think my emotions and desperation for employment are getting the best of me. I also know I have more qualification than the people who are sleecting who gets interviewed. I think I am being over looked in order to protect their own employment, they know I'll eventually take their job. It just sucks!
 

cbg

I'm a Northern Girl
Thank you for your input. I think my emotions and desperation for employment are getting the best of me. I also know I have more qualification than the people who are sleecting who gets interviewed. I think I am being over looked in order to protect their own employment, they know I'll eventually take their job. It just sucks!
Even if that is 100% true, that is not illegal discrimination.
 

bkk3141

Junior Member
Thank you all for your feedback. I think I just let my emotions get the better of me. I know they won't hire me because i'm over qualified for the position and I would be a threat to their own employment. I suppose if I were on the other side, I would do the same thing and pass me over. Thanks again. I feel better just by getting this frustration off my chest.
 

TheGeekess

Keeper of the Kraken
Thank you all for your feedback. I think I just let my emotions get the better of me. I know they won't hire me because i'm over qualified for the position and I would be a threat to their own employment. I suppose if I were on the other side, I would do the same thing and pass me over. Thanks again. I feel better just by getting this frustration off my chest.
Alrighty then. :cool:
 

Zigner

Senior Member, Non-Attorney
To be clear - An applicant being "over qualified" and a "threat" to the employment of the person doing the hiring is an entirely legal reason to refuse to even interview the applicant.
 

TheGeekess

Keeper of the Kraken
To be clear - An applicant being "over qualified" and a "threat" to the employment of the person doing the hiring is an entirely legal reason to refuse to even interview the applicant.
Especially when OP says this in his first post:
I know for a fact that I meet/exceed all the qualification as well as acing the evaluation. Is this discrimination, I don't even get the chance to interview. Also, since that time I have been in school earning my associates degree in the IT field
I bet OP doesn't hold the first certification, much less not having an AS. OP doesn't have a clue about how under-qualified he is. :cool:
 

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