Would this be concidered discimination?

[LPK713]

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

I am working for a company for two years now, who is a subcontractor for the main company.
I have applied multiple times, at least 5 times,5 different job postings, with the main company, and I've been turned down with not so much as even an interview.
I even got turned down for a clean up job that requires no experience at all.

I am in clerical/partial supervisor [since I'm signing papers under supervisor as well as applications, backgrounds, I-9's etc] and turned out I am doing more things than my job description was verbally stated, typically a 3 person job. My job is a straight $11/hr and was told that I do not get raises.

[This was not said, not that I that I know of] but I, and a couple people who work for the main company who know me, believe the main company spoke with my supervisor about me applying for the job and is why I am being turned down.

I have volunteered to clean for the main company on many occasions after my main job was done and even helped in many departments and was praised for the good work I've done for them, and out-did most of their actual workers.

I am quite experienced at my clerical job especially with multitasking which is the biggest part of it.
Though, I just barely get all my paperwork done for the day.
When I take vacation, someone fills in for me.
But he is not much of a multi-tasker, organized, fast-paced, generally not really that good at all... he can't get all the work done for the day.
That alone throws both companies in discord and backs up every single department.
Even when I come back from vacation I have to do his weekly work he did not get done on top of my daily work, which then backs me up.
I never call off, even when I am sick, because I dread coming back to the extra work.
So, all of that brought about me asking for a raise, which I was told my position does not receive yearly raises.

So my question is, is this discrimination against me?
Do you think I'm being turned down many jobs with the main company because it would affect both companies if I leave my current position?
And is it legal that my position isn't even entitled to a yearly raise?
Would this be enough for a case in court if it is in fact discrimination and the such?

 

[justalayman]

So my question is, is this discrimination against me?

Of course it is but the only important question is; is it illegal discrimination. You have given no information that would suggest they are illegally discriminating against you so whether they are or not cannot be determined.



Illegal discrimination would be discrimination based on race, religion, gender, and a few other classifications.

Do you think I'm being turned down many jobs with the main company because it would affect both companies if I leave my current position?

it's possible but if that is the reason, it is not illegal discrimination.

And is it legal that my position isn't even entitled to a yearly raise?

absolutely. The only reason the would be required to give you a raise is if minimum wage passes you by.

Would this be enough for a case in court if it is in fact discrimination and the such?

again; no illegal discrimination even suggested so far so no, you have no case.

 

[swalsh411]

You don't have to be given a raise unless the minimum wage goes up and you are making less than it.

It is not illegal to discriminate against employees unless you are discriminating because the employee (or job applicant) is in a protected class. What protected class(s) are you a member of and what evidence do you have that this is the reason for the discrimination.

It sounds like somebody or multiple people don't like you or don't think you are a good employee and don't want to see you advance. Your recourse is to look for employment elsewhere.

 

[LdiJ]

You don't have to be given a raise unless the minimum wage goes up and you are making less than it.

It is not illegal to discriminate against employees unless you are discriminating because the employee (or job applicant) is in a protected class. What protected class(s) are you a member of and what evidence do you have that this is the reason for the discrimination.

It sounds like somebody or multiple people don't like you or don't think you are a good employee and don't want to see you advance. Your recourse is to look for employment elsewhere.[/QUOTE]

I disagree...I think that its more likely that there is a contract between the two companies that prohibits the main company from directly hiring the subcontractor's employees and that is why the OP isn't being considered for open positions.

 

[swalsh411]

If an employee is worthy of advancement, somebody in authority can see that it happens.

Regardless, I don't see anything illegal here.

 

[cbg]

Or, alternately, that you are too valuable where you are and they don't want to move you.

 

[commentator]

Or, alternately, that you are too valuable where you are and they don't want to move you.

This sounds appropriate to me. Why would they want to promote you, move you, change things, pay you more when you're doing fine, working hard for the amount of money they're paying you now, and both entities are perfectly happy with you?