Discrimination due to no degree

[Shae95350]

What is the name of your state? California

I was passed up on a position and I feel it was because I don't have a degree.

One of the business analyst II's (really a purchasing agent but they're anal on titles now) is retiring. He's been sick and had issues for the last few months. I have been handling a lot of his projects, basically doing the job. I have the experience, the established relationships with marketing and our vendors, and the knowledge of the business (point-of-sale & promo materials).

It was down to me and one other candidate. We went for round 2 of interviews with HR and our VP. They found out the other girls salary requirements were too high (she was from the outside) and then decided to have a 3rd person do round 2 (that person had interviewd for a previous position & they had said they'd consider her for a future position). This girl has a degree, but absolutely no experience in the field.

How can they think she's a better fit if i've already been preforming the job? There would be absolutely no training for me, but it'll take months to train her. It's obvious to everyone except upper managment that I'm the perfect person.

What do I do? I want this job, I've earned it and deserve it!

 

[cbg]

Having or not having a degree is not a protected group; therefore "discrimination based on no degree" is not illegal. So you can't sue them on that basis. If the management honestly believes that a degree is necessary for the position, they can make such a requirement.

In order to prevail in a suit over this, you would have to be able to show not only that a degree is not necessary, but that requiring a degree for this position creates a disparate impact on a group protected by Title VII (that is to say, requriing a degree in this position gives an unfair advantage to one race, gender, national origin etc. over another one). If you cannot show that, then it is not going to be considered illegal discrimination no matter how unfair the particular situation may be.

In the current economy, companies are having to tighten their belts in a lot of ways. Is it possible that because of her lack of experience, they are able to pay her less money?

 

[Shae95350]

No. She already makes several thousand more than me in the dept that she's in. My boss told me way more than she should have, that's why I know it's because I don't have a degree. For some reason, the other managers want every person to have a degree.

Also, there was use of foul language in one of the interviews on the part of a manager. I was shocked & kind of offened by it. I wasn't going to say anything because I thought it might be looked at as creating waves, but since I was screwed anyway, what have I got to lose? I'm going to mention it to the HR rep today. She's interested in my thoughts (at least she put on a pretty good front yesterday) and is going to call me today. This whole situation just sucks. They're going to expect me to help train the new girl, but I've already told my boss there's no way in hell because if I'm capable enough to train, I'm capable enough to preform the job.

 

[Beth3]

While I understand your not being exactly enthusiastic about training someone for a job you wanted and didn't get, you should consider that if you refuse to do so, you can readily be fired for insubordination. Then you not only won't have the promotion, you won't have any job.

You may want to rethink your position. Besides, you just never know what the future holds. Everyone in the business world ends up "tested" from time to time on how they handle disapointments - virtually everyone has had opportunities they wanted and didn't get. I've seen people handle it very badly and that is the beginning of the end for them with that employer. I've also seen individuals handle their disapointment extremely professionally which has impressed management greatly - so much so that they've ended up being promoted into another opportunity down the road.