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how is discrimination defined

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B

brsj

Guest
What is the name of your state? California
From all I read to be discriminated against is to fit into a protected class and show that you (protected class) are being treated differently than other people that are not in a protected class. Is that fair to say?
 


Beth3

Senior Member
Yes, in general terms. However keep in mind that EVERYBODY fits into a protected class. Race is a protected class and obviously everybody belongs to one race or another.

Discrimination occurs when someone is treated less favorably than others BECAUSE of their membership in a protected class. Someone can be treated differently in spite of their age/race/gender/national origin/pregnancy/etc, just not because of it.
 
B

brsj

Guest
How would this qualify, I’m an African American and I worked for a health care provider in the IT department. A management position came available, I asked the CIO if I could interview for the position, he answer yes. Two weeks later in a department meeting he presented a new Org. chart which named a less qualified person to the person (not in a protected class). I later asked the CIO why I was not given the oppertuinity to interview. His reply was “I didn’t fit the profile”
 

Beth3

Senior Member
brsj, I saw your post on another board where it had more detail. As I recall, you had only been there a month when the position opened up and the VP or whomever hired a friend/acquaintance of his to fill the slot to which you aspired.

I don't think there's anything to add other than what others have already commented. While I think it was a really lousy employee relations move to tell you they would interview you and then not do so, there isn't anything that overtly suggested your race was the issue. Favoritism based on being pals or a relative of the boss is not prohibited. It's also possible they really were looking for different professional attributes that those you had, significant as those might be. Or it could all be a lot of B.S. and they just didn't want a black in the managerial role.

At present though, there just isn't enough to go on to offer an opinion as to whether your race had anything to do with this. You may wish to speak to an employment law attorney for an expert legal opinion before deciding whether you want to pursue a claim of prohibited discrimination. I suggest that because filing an EEOC claim against your current employer is a pretty big deal and an even bigger deal if your race honestly had nothing to do with their decision. I'm not suggesting they'll retalliate but obviously pursing legal action isn't going to make them feel warm and fuzzy about you.
 

cbg

I'm a Northern Girl
Just to clarify things here:

In order to be illegal discrimination, the adverse action has to happen BECAUSE OF your race. The fact that you are black is not enough to make it discrimination; they have to have chosen not to promote you BECAUSE you are black to make it illegal. Also, EVERYONE'S race is protected. It is just as illegal to refuse to promote/hire someone BECAUSE they are caucasion as it is BECAUSE they are black, asian, hispanic, etc.
 

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