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Promotion Discrim or Inquality

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gwydion75

Junior Member
Greetings,

I work in a 130 emp institution as a Business Analyst in an I.T. department. I handle every I.T. issue in this institution big or small, from start to finish, and have 4 other people in the department for support and to handle more issues.

I'm a certified network associate by Cisco... (CCNA), and am working on my CCNP and MCSE. I'm well versed in any "need" that this institution might have, as I've been handling all their issues without exception since I began here 5 years ago.

My only complaint, I lack the title and pay usually given a Systems administrator or Network admin etc etc... There is one systems admin position, held by an aging guy, retiring in 6-8 years who's going no where, and all the rest are smaller menial roles.

Boss opens up a "Network Administrator" position 2 weeks ago, with no notice to anyone. Following company procedure, the position and its minimum requirements and job standards are posted in the break room for all to see and apply for by the end of the week. I do so, of course, and to my knowledge, am the only internal applicant. By policy, the organization is not allowed to consider external applicants until all internals are rejected with valid reasons given and coaching as to how these reasons can be overcome in the future.

Here's a portion of the email I sent to my HR VP after being denied the position, as it describes the problem pretty well:

---------------------------
I was recently denied the promotion to Network Administrator. The reason given was that I did not meet the minimum qualifications of:

"An MSCE 2003 certification and/or a Bachelors degree within the computer sciences."

The posted position states that the minimum qualification is:

"Bachelor's degree in Computer Science, Information Systems Management, Business, Accounting or related field and/or equivalent experience."

An MSCE is not mentioned as a requirement and I do hold a Cisco Certified Network Associate (CCNA) certification. I am also highly motivated and on the road to acquiring both a Microsoft Systems Certified Engineer (MCSE) and Cisco Certified Network Professional (CCNP) certification. A precedent for my "equivalent experience" to a Bachelor's degree in Computer Science has been set in my initial hiring and subsequent promotions during my tenure at XXXXXXXX, as that has always been a requirement in my positions.

I expressed my concerns over the stated lack of "equivalent experience" being considered in my meeting with XXXXX, and my concerns were dismissed.

It appears that the standards and minimum requirements for the job were changed after the fact in order to deny highly qualified internal applicants. I understand you have a busy schedule, but I would like to meet with you at your convenience to discuss these events.

-----------------------

I'm meeting with the VP of HR today, so I should've posted this sooner but was so enamored in finding my own resources I overlooked this option. I'd still like to receive some advice as to what definition company policies have in a legal sense, and if they can be modified or ignored at any given time in individual instances, at the detriment to the employee.

When I received the Business Analyst 2 position, a co-worker who stayed late one night with my boss to work on some servers told me that my boss had hoped I would not pass the interview (being overseen by the HR department), so that he could get a friend of his into the role.) This was 16 months ago. He may still have similar motivations regarding this much more advanced position, but that's all speculation and hearsay.

The fallout will be interesting... as they could just come up with something else... but my contention is that if they had something else to deny me on, they should've used that in their reasons given. They didn't. All this after-the-fact rigging has me concerned about my rights.

Personally, bringing in an external candidate to that position will glass ceiling me in, as there are no other positions in the I.T. field in this organization. The SysAdmin intends to retire here in 8 years. I can't stay that long. I'm only 29, but I have the talent and experience necessary to meet this companies needs (age comes up with my boss and I alot.. he tells me I have 'generational differences')

I appreciate any advice I could get.

WW
 


gwydion75

Junior Member
Your reply post brought to mind the following more succinct questions:

If another candidate had applied and was not given the same modified considerations, would it merit discrimination?

Is it since I am the only qualified internal candidate that such discrimination can occur without consideration for my position?

Is it ok to deny someone due to their lack of a degree, when an excemption for "or equivelent experience" is provided. When, not only is it provided, but in hiring, and previous promotions, equivelent experience for BS in CompSci, has been accepted as fact at this same institition?

Thank you again. I appreciate even responses that are not in my favor for the insight they may bring me.

WW
 

cbg

I'm a Northern Girl
What you are failing to understand is that most discrimination is perfectly legal.

Being an internal candidate is not a protected characteristic. It does not provide you with any special privileges.

Unless you have a valid and supportable reason to believe that you were turned down for the promotion BECAUSE OF your race, religion, national origin or other characteristic protected by state or Federal law, it is not illegal discrimination.
 

gwydion75

Junior Member
A sad commentary on our society, I figure.

Seems the HR VP is going to go to bat for me. We'll see how it goes. Thanks for the "Advice"!
 

>Charlotte<

Lurker
Some states lend weight to the concept of a "breach of implied contract" vs. the at-will doctrine. And, of course, one state isn't entirely an at-will state.

I wonder if either of these exceptions apply to gwydion75? :)

Although, regardless of the state, as cbg stated the question of discrimination only comes into play if the discrimination is based on a protected characteristic.
 

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