What is the name of your state (only U.S. law)? New York
I work as an architect for a large public agency in NYC. I have been there 22 years. Recently, my division has gone a significant hiring binge. Many of the hirings have been in the same title that I am serving in, except that they are providing a higher level and salary within my title for these new positions.
Over the last 9 months or so, I have applied for 12 of these positions. Of those 12, I was interviewed for six. Of those, I received rejection letters for all of them. One of the positions I interviewed for was to conduct needs assessment analysis for the thousands of buildings we own. I am quite knowledgeable on needs assessments, as I have, since ten years ago, have overseen consulting engineers and architects to produce needs reports that we use to develop our capital plan.
I was called for an interview in this new needs assessment section, and I really thought I was a perfect match for the job. Unfortunately, I was turned down. The vacancy announcement stated that there are 6 positions available for this new needs assessment section that was recently created. So far, they have hired one person, who was an employee of a consultant we have a large construction contract with.
Shortly after I was turned down for this new needs assessment position, I was given a large needs assessment task, one that really appeared to be work that the new needs assessment section should be performing. I certainly started to do the work and continued until I completed it. But, after I was given this new assignment, I wrote an email to my supervisors and a few others who I believe should be copied, that given the timing and type of assignment that was handed to me, it appears that I was given this new higher-paying needs assessment position, but without the actual higher level and salary. I also explained, in detail, how my qualifications do match or exceed those required of the new position. My department director did not like this, and called me into a meeting with four other supervisors to tell me that what I wrote is not true and that I have no right to complain.
Shortly after that, we all received new nameplates on our outside cubicle walls. Mine says "Standard and Needs Assessment Analyst." I don't know who made this up, but this is another indication that I have been given the job without the higher salary. And yes, I am still doing more needs assessment work.
Over the last few months, about 15 people have been hired in my civil service title (for various positions, many of which I have also interviewed for), but have been given higher salaries. I had to pass a civil service exam to obtain my current title. The last exam was about 8 years ago. I'm pretty sure that none of the new hires have taken and passed this exam that I have had to pass to get the title.
When I look at the names of all of these people who have been hired in my title for higher salaries, all but possibly one are foreign-born, and most of them are from the same country.
I filed a complaint with our equal opportunity office, and was recently interviewed. I made the claim of discrimination of national origin, as none, or hardly any American-born people are being hired. I provided them as much evidence as I can (e.g. names of hired people in my title, dates I applied for and interviewed for all positions, copies of rejection letters, emails to management about given the work and not the title, my resume, and a copy of the result of an out-of-title grievance I won back in 2006, in which it was determined that I was performing, for two years, at a higher level in my title. I only received some inadequate back-pay, and was not given the higher level permanently. This should also indicate that I'm qualified for the higher level in my title).
So, my question is, does this sound like discrimination, or do I have any recourse in anything in claiming that I am actually doing the job of the higher level without receiving the higher pay?
Thank you for any advice.
I work as an architect for a large public agency in NYC. I have been there 22 years. Recently, my division has gone a significant hiring binge. Many of the hirings have been in the same title that I am serving in, except that they are providing a higher level and salary within my title for these new positions.
Over the last 9 months or so, I have applied for 12 of these positions. Of those 12, I was interviewed for six. Of those, I received rejection letters for all of them. One of the positions I interviewed for was to conduct needs assessment analysis for the thousands of buildings we own. I am quite knowledgeable on needs assessments, as I have, since ten years ago, have overseen consulting engineers and architects to produce needs reports that we use to develop our capital plan.
I was called for an interview in this new needs assessment section, and I really thought I was a perfect match for the job. Unfortunately, I was turned down. The vacancy announcement stated that there are 6 positions available for this new needs assessment section that was recently created. So far, they have hired one person, who was an employee of a consultant we have a large construction contract with.
Shortly after I was turned down for this new needs assessment position, I was given a large needs assessment task, one that really appeared to be work that the new needs assessment section should be performing. I certainly started to do the work and continued until I completed it. But, after I was given this new assignment, I wrote an email to my supervisors and a few others who I believe should be copied, that given the timing and type of assignment that was handed to me, it appears that I was given this new higher-paying needs assessment position, but without the actual higher level and salary. I also explained, in detail, how my qualifications do match or exceed those required of the new position. My department director did not like this, and called me into a meeting with four other supervisors to tell me that what I wrote is not true and that I have no right to complain.
Shortly after that, we all received new nameplates on our outside cubicle walls. Mine says "Standard and Needs Assessment Analyst." I don't know who made this up, but this is another indication that I have been given the job without the higher salary. And yes, I am still doing more needs assessment work.
Over the last few months, about 15 people have been hired in my civil service title (for various positions, many of which I have also interviewed for), but have been given higher salaries. I had to pass a civil service exam to obtain my current title. The last exam was about 8 years ago. I'm pretty sure that none of the new hires have taken and passed this exam that I have had to pass to get the title.
When I look at the names of all of these people who have been hired in my title for higher salaries, all but possibly one are foreign-born, and most of them are from the same country.
I filed a complaint with our equal opportunity office, and was recently interviewed. I made the claim of discrimination of national origin, as none, or hardly any American-born people are being hired. I provided them as much evidence as I can (e.g. names of hired people in my title, dates I applied for and interviewed for all positions, copies of rejection letters, emails to management about given the work and not the title, my resume, and a copy of the result of an out-of-title grievance I won back in 2006, in which it was determined that I was performing, for two years, at a higher level in my title. I only received some inadequate back-pay, and was not given the higher level permanently. This should also indicate that I'm qualified for the higher level in my title).
So, my question is, does this sound like discrimination, or do I have any recourse in anything in claiming that I am actually doing the job of the higher level without receiving the higher pay?
Thank you for any advice.
