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Hiring Discrimination

Discussion in 'Hiring, Applications, Background Checks' started by keokuk, Jan 1, 2004.

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  1. keokuk

    keokuk Law Topic Starter New Member

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    I work in the Information Technology Department for a rapidly growing mortgage company. So soon after my daughter Nicole graduated from High School she wanted to start a career with the company I work for. So she applied for an entry-level position as an Appraisal Clerk and was hired on the spot.

    During her 3 month probation period she was praised by her co-workers and by her manager for doing an excellent job. And without delay, she transitioned to full time employee status once the probation period had ended.

    Everything was going great until the department reorg happened. Of course, during the reorg many people were shuffled around. But my daughter was told not to worry she would have a job.

    The day before Thanksgiving, my daughter’s manager told her as of 11:30 her job was no longer available. She was devastated, but her manager reassured her they would find her something. And, they would keep paying her until they did.

    The HR Generalist sent Nicole to interview for an entry-level position in another department on a Monday. After the interview I asked her how the interview went and what she thought. She told me the interview went very well and the manager basically discussed the job and asked her if she could work overtime. Then Nicole told me she was concerned because the manger is Latino and 95% of the department is also Latino. I reassured her that everything would be fine.

    It took a week of the HR Generalist calling before this manager said she couldn’t hire anyone because they didn’t have the budget and wouldn’t have any jobs available until after the first of the year. I immediately became suspicious. Especially after the HR Generalist told Nicole there was nothing else that could be done and she would need to start looking for jobs within the company on her own.

    Trying to help, I contacted several managers and did manage to get another interview, but that also turned up empty. At this point they have laid Nicole off. The only way to apply for a job now is use the companies web site and submit her resume like everyone else.

    The nice thing about being in IT is, I have access to all of the new hire requests that are sent for computer account creation. So I started to watch the requests because I was still suspicious about the result of the first interview.

    On a daily basis, new hire requests came into IT for processing. I would watch with amazement as new hires came through that appeared to be entry-level positions. I was mad and very disappointed with my company. Clearly the HR process was broken. But then last week, the shocker came in. The first manager Nicole interviewed with sent a new hire request in for the exact position Nicole had interviewed for. This was the manager that said she wouldn’t have the budget to hire anyone until after the first of the year. And here’s the kicker; the new-hire is Latino. I found this out on Christmas eve.

    I called the Senior HR Generalist who was egger to help after I told her I wanted to file a discrimination claim. She also told me it was company policy to do everything possible to place employees before looking outside the company. She said she would contact the manager and get to the bottom of it.

    Over a week has gone by and she still doesn’t have any information.

    Here’s what I have so far.

    1. HR exclusively uses the company Internet site to manage their available jobs.
    2. Very few hiring managers notify HR of open positions so the jobs can be posted.
    3. There are 30 jobs posted on the web site. And there’s been no change to site in months.
    4. From the day Nicole found out her position had been terminated, there have been 200 new hire requests (nation-wide) come through IT, yet nothing has changed on the web site.
    5. Of those 200 new hire requests, 90 were in our local area.
    6. Of those 90 in our area, 18 were positions she could have filled.
    7. An entry-level position she interviewed for was not available because the hiring manager said they didn’t have the budget. But she hired someone 20 days later.
    8. The manager named above has blatantly hired based upon race. The newest hire in her department adds to this claim.

    My next step is to approach the HR VP and call them on it.

    Although it’s not illegal for the HR department to be inept, it is illegal to discriminate based upon race.

    So before I mention getting an attorney, do I have a case?


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