Job Posting Requirements Unlisted Leading to Discrimination?

[copper_queen]

What is the name of your state (only U.S. law)? MONTANA

I have been employed for the same company for a total of 8 years. I started in one department, transfered to a different department for a year from 2005-2006 for a temporary assignment, returned to the original department where I was injured at work in 2007. After not being 100% released to do my job I was fired by the company in 2008. In 2010 I got my job back by reapplying during the 2 year rehiring preference (MT State law) and asking for reasonable accomodation (which I didn't know about when I was fired back in 2007 or I probably could have kept my job). I have been back to work here since 2010.

There was recently an internal job posting for a training position. I met the requirements on the job posting - chief among them was a bachelor's degree and previous training experience. There was no mention of "operations experience" in the posting at all, and the position was even posted outside of the company on Monster.com. I got an interview along with 5 other internal candidates. The other person doing this job did and does not have a degree or any operations experience. I did not get the job I was told because they wanted a candidate with "more operations experience." I have been in operations since day 1 - 8 years ago, and I have worked and been certified in 2 of the 3 operating units at this company. The person who got the job does not have a bachelor's degree and has been here only since 2008.

At least one of the other candidates has been employed here for 14 years and has worked that whole time in the same department as the person who was hired for the position. Had he been hired, I would have been okay with it because he truly has more operations experience than I do. can not shake the feeling I am being discriminated against because of my disability, though I have no proof. I would like to know if a company is bound by the requirements written on its job postings. If other workers had known operations experience would hold more weight than the educational requirement on the posting, more people would have applied for the job but when people saw the degree required, many did not put in for the job since they didn't have a degree. If they were going to consider operational experience shouldn't they have had to put that on the posting? If I decided to go at this from the disability angle, do I have a leg to stand on? Without proof, it is only an accusation. Thank you

 

[cbg]

I would like to know if a company is bound by the requirements written on its job postings.

No. They are not even legally bound TO post the job.

If they were going to consider operational experience shouldn't they have had to put that on the posting?

They had no legal obligation to do so.

If I decided to go at this from the disability angle, do I have a leg to stand on?

Not based on what you have posted.

FYI, they are legally permitted to consider experience at other employers - they are not limited to only experience with them. If the person who got the job has relevant experience earned elsewhere, that's perfectly legitimate.

 

[commentator]

In this situation I can't quite see how you could, in any way, show you were discriminated against for an illegal reason. It seems more like you'd been not hired simply because of the three candidates, they liked the other person's credentials more than they like yours. And that could be pretty subjective. Employers can, within reason, hire whomever they want to hire in a personal sense. They are not obligated to say the exact reasons why they hired this candidate over that one. Whichever candidate gave the best answers on the interview questions, whichever one they felt best about giving the job to, it would be a little unreasonable if every person who was not hired could sue and claim discrimination just because they are in a protected category.

 

[cbg]

I know Commentator knows this, but I just want to make it clear.

Everyone is in at least three "protected categories" if not more. Every single person in the country has a race, a gender and a national origin. The law says you can't make adverse employment decisions BECAUSE someone is in a category protected by law, not that no person in such a category cannot have any adverse employment decisions made against them. Since that "people in a category protected by law" means every solitary person alive in the US, that would mean that, among other semi-ridiculous situations, an employer would have to hire every person who applied for a job.

Without some clear and supportable evidence that but for your disability you would unquestionably have been the successful candidate, a discrimination claim is not likely to fly.

 

[commentator]

Thanks, beautifully expressed. No you don't have to hire everyone!

 

[aldaron]

Some times folks are denied jobs because of their appearance, lack of communication skills, not being a team player, attitude, not every decision is based on qualifications that can be put on a piece of paper.