Can I sue for Discrimination?

[newyorksandy]

There was an internal job post that would be a promotion for me if I would have gotten the job. There were 4 women applicants which includes myself. I am white hispanic and pregnant, two others were also white hispanic and the other was black.

The job posting stated Bachelors degree required. One hispanic and the black applicant did not have the Bachelors degree required. The other two applicants did.
The interview panel was made up of 3 women. One white hispanic, one white non-hispanic, and black (the director of the program that I was interviewing for).

It turns out that I was the #1 applicant according to 2 of the three interview panel. The black interviewer wanted the black applicant. HR and the CEO stated that the majority rules for who gets the position, but the ultimate decision was on the director of the program.

Some history on the black applicant:
1. In two other occassions jobs have been created for her to continue working at our current employer.
2. She is the girlfriend of a very high official of the Public School System in our city
3. Is personal friends of the Director of the program that I applied for.
4. In the past she was a manager for the same program we applied for, but was removed because she failed. They removed her from the position and created another job for her in another program.

HR did not agree with the decision and advised the director, but the director chose her anyway.

Another additional issue is that the position is required to deal with a large population that speaks spanish only. Neither the director nor the new manager speaks spanish. I am bi-lingual and so were the the other 2 applicants.

Do I have the right to sue for unfair and discriminatory hiring practices?

 

[cbg]

Since it would appear that she is being promoted not based on her color, but on the fact that she is the girlfriend of the Director and has friends in high places, a discrimination suit would be pointless.

 

[newyorksandy]

Thanks, I guess, it not what you know its who you know.
I still find it very unfair and unfortunately this type of hiring practice that is occurring at my place of emloyment and that I have to deal with this every time she and I are up for the same position.

 

[cbg]

It may well be unfair. I'm not saying otherwise.

However, since you're not, not getting the job because of your race, gender or pregnancy; you're not getting the job because she has contacts in high places, that's not illegal discrimination, even if it is unfair.

 

[newyorksandy]

May be I should start sleeping with her boyfriend.:joke: LOL

 

[newyorksandy]

Race Discrimination

It may well be unfair. I'm not saying otherwise.

However, since you're not, not getting the job because of your race, gender or pregnancy; you're not getting the job because she has contacts in high places, that's not illegal discrimination, even if it is unfair.

Several people have approached me and stated that in several meetings regarding this hiring that the Senior Director of the company who is black stated that we have to take care of "our people" That if we give this position to another white that the blacks will get no where in this company. Now, will these people go to court for me if asked? I do not know. Why did they approach me? I do not know either. All I know that if I take it to the newspapers, it will make news because the high official involved in this relationship with the black applicant.
Apparently this is getting out to staff here and people are giving me information. I really do not know what to do, how to start to handle this information. HR advised me to request from the director in writing why I did not get the position. Why are they advising me to do that? This is getting a little crazy here at work. HELP!!!

 

[cbg]

I still think it sounds like she's getting hired because of her connections and not her race. But if you think otherwise you are free to discuss it with the EEOC.

 

[seniorjudge]

May be I should start sleeping with her boyfriend.:joke: LOL

new york sandy: Well, at least you can joke about it.

But what cbg is telling you (and I suggest you listen) is that this discrimination is wrong and unfair and all those other bad things except for the big one: illegal.

So, there's nothing you can do.