Ask Me Help Desk - Would you call this Job Discrimination?

I live in NJ and my company is now based out Illinois.

I applied for a new position back in the beginning or November. I was told that I would have an answer back in about 2 weeks. Well it took them just over 2 months to get back to me. I was told that our HR department would not tell me that I didn't get the position and left it in the hands of the hiring manager, I can understand why now. When I received the call from the hiring manager I was told that I was not going to be hired for the position because they were changing the requirements and that "I WAS NOT WHAT THEY WERE LOOKING FOR". It has now been a month since I was told this and the Job Posting is exactly the same as it was when I applied for the position 3 months ago.

Just so you know when making your decision, I have all the requirements that they wanted and job experience that was required. I also have experience in other areas that would have been valuable for the position but was not necessary.

I look forward to hearing back from you so I will thank you now in advance for any and all advise.

Hello hrd:

IF the reason you weren't the one is because of your age, race, religion, or in some areas, sexual preference, then it WAS discrimination. But, without knowing why you were turned down, there is no discrimination.

excon

They can not give you the job because you have red hair, because you are too tall, because a supervisor in your company may have not recommended you, because you don't play golf and the new boss wants a golf player. Maybe you do so good in your old position they don't want to transfer you.

Maybe they are looking for someone with some skill not really listed.

It is all discrimnation but legal, what they can't do is discriminate for a protected class of people, as excon listed. So if you can prove it is because you are old, or because you are a certain race, or because you are jewish or mormon. But I can not hire people all day for being left handed or because when I had them into my office they sat in the chair on the left, not on the right.

If you wish to follow up, you ask in writing for the specific reason you were not chosen

But you don't know why you were not hired, perhaps they just don't like your personality, and don't think you would fit in,

Just because you don't know why you were not given that position does not mean there was no discrimation ---- you just have to find out the reason why --not an easy task but that's why there's a federal agency called EEO and lot's of attorney's to subpoena whomever might be involved and to go through a discovery process to uncover any documents that might exist. I am not saying that's what you should do (hire an attorney or file a complaint with the EEO) since only you can determine if it's worth the hassle. I am not an attorney and this is my opionion only.

If you are not in one of the protected classes, then I would just chalk this up to someone not liking you. However, if you are in one of the protected classe, go to your state labor board or Federal EEO office and ask for advice.

However, unless they fill the position without changing the requirements, with someone not in a protected class and you are, its really going to be hard to prove discrimination.

Quote:

Originally Posted by hrdtoget23

I live in NJ and my company is now based out Illinois.

I applied for a new position back in the beginning or November. I was told that I would have an answer back in about 2 weeks. Well it took them just over 2 months to get back to me. I was told that our HR department would not tell me that I didn't get the position and left it in the hands of the hiring manager, I can understand why now. When I received the call from the hiring manager I was told that I was not going to be hired for the position because they were changing the requirements and that "I WAS NOT WHAT THEY WERE LOOKING FOR". It has now been a month since I was told this and the Job Posting is exactly the same as it was when I applied for the position 3 months ago.

Just so you know when making your decision, I have all the requirements that they wanted and job experience that was required. I also have experience in other areas that would have been valuable for the position but was not necessary.

I look forward to hearing back from you so I will thank you now in advance for any and all advise.

Maybe I will do that just request reasoning in writing. I just thought it was strange that the hiring manager and the entire HR department did not want to tell me. That's what HR is there for and they refused to tell me. Just sounds odd.

I am a disabled Vet and I was recently injured in a car accident but none of my injuries would stop or limit me from doing the job. The position that I hold now is more work and strain on me then if I would have gotten the promotion that's actually I applied for it.

Thanks for all the advise. I will definitely respond and keep all of you up to speed on what happens.

THANK YOU ALL AGAIN.

Quote:

Originally Posted by hrdtoget23

Maybe I will do that just request reasoning in writing. I just thought it was strange that the hiring manager and the entire HR department did not want to tell me. That's what HR is there for and they refused to tell me. Just sounds odd.

No that's NOT what HR is there for. HR is there to protect the company first and foremost. There are there to advise hiring managers how to deal with employees to avoid a law suit. HR is only there for the benefit of the employee when it does not conflict with the benefit of the company. Doesn't sound odd to me especially now that you have told us you are a disabled vet. The whole situation makes a lot more sense. Most likely the hiring manager was concerned about your abilities to handle the job. But they had to figure out a way to tell you without opening themselves up for a discrimination suit.

Quote:

Originally Posted by hrdtoget23

I am a disabled Vet and i was recently injured in a car accident but none of my injuries would stop or limit me from doing the job.

That's according to your feelings. While your feelings may be accurate, the hiring manager may have felt differently.

The problem now is your proving it. Frankly the only way I see to concretly prove it is to wait until someone fills the position and compare qualifications.

Quote:

Originally Posted by hrdtoget23

I live in NJ and my company is now based out Illinois.

I applied for a new position back in the beginning or November. I was told that I would have an answer back in about 2 weeks. Well it took them just over 2 months to get back to me. I was told that our HR department would not tell me that I didn't get the position and left it in the hands of the hiring manager, I can understand why now. When I received the call from the hiring manager I was told that I was not going to be hired for the position because they were changing the requirements and that "I WAS NOT WHAT THEY WERE LOOKING FOR". It has now been a month since I was told this and the Job Posting is exactly the same as it was when I applied for the position 3 months ago.

Just so you know when making your decision, I have all the requirements that they wanted and job experience that was required. I also have experience in other areas that would have been valuable for the position but was not necessary.

I look forward to hearing back from you so I will thank you now in advance for any and all advise.

Hiring is more than a matter of vocational qualifications. A person's selection for a post also depends on the interviers assessment of how an individual would fit into the team structure of the workplace. Thus,an applicant might have all the paper qualifications required, but an angular personality that would put them at odds with either management or fellow employees, in which case their qualifications do not meet the required standard.

For example, take the submarine service. There are academic and technical qualifications required of an applicant to be fighting fit and technically able to undertake the tasks necessary to keep the vessel seaworthy, ready, armed, under strict discipline, and fighting fit.

However, because submariners work in confined spaces for long periods in proximity to others, often in extremely trying circumstances. For this reason the service selects candidates with great care to ensure as far as possible that those selected will not buckle under pressure, and will maintain good working relationships with every other member of the crew under all possible circumstances.

HR is not merely the hiring office, but undertakes to assemble the teanm of workers most likely to enable a company reach its commercial goals. Anyone that they feel will not serve that end for however slight a reason is rejected. I note that youdid not receive a rerassdon for your rejection, and that is a pity. In your place I would write a letteer to the heasd of HR at the company, politely requesting their explanation so that you can make such changes as they deem necessary before applying for a similar post with another company. In most cases they wkill be helpful and supply helpful information to you.

I wish you well in your job search and hope you will find your employment niche soon.

M:)RGANITE

Quote:

Originally Posted by hrdtoget23

I live in NJ and my company is now based out Illinois.

I applied for a new position back in the beginning or November. I was told that I would have an answer back in about 2 weeks. Well it took them just over 2 months to get back to me. I was told that our HR department would not tell me that I didn't get the position and left it in the hands of the hiring manager, I can understand why now. When I received the call from the hiring manager I was told that I was not going to be hired for the position because they were changing the requirements and that "I WAS NOT WHAT THEY WERE LOOKING FOR". It has now been a month since I was told this and the Job Posting is exactly the same as it was when I applied for the position 3 months ago.

Just so you know when making your decision, I have all the requirements that they wanted and job experience that was required. I also have experience in other areas that would have been valuable for the position but was not necessary.

I look forward to hearing back from you so I will thank you now in advance for any and all advise.

Since you are a current employee, you have the right to look at your employment file. Why not write a letter requesting access to your file. Have it notorized. They are required to allow you to see the file. They will probably have someone in the room with you, don't let it fluster you. Read every line and see if you can figure out why you were passed over. Note: Since it appears that your employer has a general office and satellite offices, be sure to ask to see not only the file that is kept at the office in which you work, but also the one that is at corporate. Trust me, there is a difference!