[Patib]

I worked as a temporary assistant with another girl, my position is a hourly position and the other girl was a salary position. The other girl was promoted to another position and now I am the only one working the position in hope that they would hire me permanent to take her position. The job is no longer salary, it is now an hourly job. Other than the girl I was working with I am the only other person in the whole plant who knows that job. The job has now been posted for anyone else to apply. The word around the plant is that the job is going to be given to someone else who is already permanent and has more siniority than I do because I am a temporary employee who's been called back 3 times and this last time I have been there since August 2010. Is this considered discrimination and if so can I file a discrimination suite against them.

[Eileen G]

If the job is being advertised as a salaried job, then apply for it yourself, and if you don't get it (bearing in mind your experience at the job), then you may have grounds for discrimination.

Otherwise, it could be an exercise in trying it keep the staff figures low. Permanent salaried employees are more expensive to the company than worker they pay by the hour.

[I wish]

You have a different position from the job advertise.

You never had that position, you are just taking on the load of work that the person left behind. If there's a job posting, then you should apply for it. That would make the process more fair, because if they just gave you the job, then no one else would have the opportunity to apply for it.

If you already have experience in doing the exact work that they are describing, then that should give you an upper hand at the interview, but they are not obligated to give you that position.

[Synnen]

I sincerely doubt it is discrimination.

It is sometimes VERY expensive to hire on a temporary worker as a permanent worker--especially if you came from a placement agency

Also, it it somewhat traditional for those with more seniority to get a position if all other qualifications are equal.

You would have a VERY hard time showing this as discrimination unless you have more information than you've posted here.

[Patib]

No I did no come from a placement agency, I've worked for this company for almost 3 years off and on and I am now working in that position because I am the only other one who knows how to do the job and yes I did apply for it also

[Patib]

Thank you, and yes I did apply also. Its just going around that the position might be given to one of the permanent employees with no experience instead of me who know the full knowledge of the job

[Patib]

Thank you, I did apply, just waiting to see if I get it regardless of the rumors going around in the plant.

[Fr_Chuck]

It is discrimination that you can sue for, if they don't give you the job because of your race, or because of your religious faith or another protected class.

But most discrimination is not illegal and can not be sued for, they can not give it to you because of your weight or even hair color, ( stupid reasons but allowed )

They don't have to give it to you just because you know it better, in fact giving it to a person with more seniority may even be required by their rules.

I often had to give jobs when I worked for the Federal Government to people who were less trained or not even trained for jobs, because they wanted minority person to be hired.

Have you also went and talked to the hiring manager to sell yourself ?

[dontknownuthin]

I don't see discrimination here. The first person was a direct employee while you were a temp - they had seniority and were already on their direct payroll so would naturally be given preference in the situation which is not discrimination - it's based on service and not on your race or things of that nature.

In the case of your current position, you remain a temp and therefore are not a direct employee. They may have a policy to advertise all jobs and may have a policy to give preference to current employees. This is standard business and there's nothing discriminatory about it.

You don't say anything about racial differences, or only men being hired, etc. It sounds like they are giving preference to their existing employees compared to temps - that's not only not discriminatory but actually strikes me as extremely fair. Why should a direct employee be given the same or lesser consideration than a temp? That wouldn't be fair.