1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Unfair hiring practices based on degree requirement

Discussion in 'Employment, Labor, Work Issues' started by Eva Ramirez, Aug 3, 2019.

  1. Eva Ramirez

    Eva Ramirez Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    California
    Does an employee have a case if their employer denies them the opportunity to apply for a manager position and then subsequently hires managers without a degree? Employee had good reviews and substantial experience and was working on their degree. Employee is Hispanic and other managers hired without a degree are White.
     
  2. PayrollHRGuy

    PayrollHRGuy Well-Known Member

    Messages:
    832
    Likes Received:
    431
    Trophy Points:
    63
    Not hiring a person without a degree is not illegal.

    BUT you have stated that other managers have been hired without a degree and imply that it was because they were white and not Hispanic.

    Tell us more about that.

    You mentioned "international" in your other post. Did this happen in the US.
     
  3. Eva Ramirez

    Eva Ramirez Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    This occurred in the United States. The issue is being denied the opportunity to apply because they did not have a degree, which seems wrong. This occurred multiple times. HR said they could not apply without a degree but then hired others in the same position without a degree. They also promoted someone without a degree to Associate Director and later Director.
     
  4. cbg

    cbg Super Moderator

    Messages:
    8,196
    Likes Received:
    1,383
    Trophy Points:
    113

    It is legal to refuse to hire someone because they do not have a degree.

    IF "not having a degree" is being used as a pretext to avoid hiring people of certain races, THAT might be illegal
     
    hrforme and justblue like this.
  5. Eva Ramirez

    Eva Ramirez Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    It seems it should only be legal if this requirement is consistent when hiring others for the position. Do you believe it would be illegal if it was based on race?
     
  6. cbg

    cbg Super Moderator

    Messages:
    8,196
    Likes Received:
    1,383
    Trophy Points:
    113

    IF it is based on race, then yes, that is illegal. I thought that's what I said.
     
    hrforme and justblue like this.
  7. justblue

    justblue Well-Known Member

    Messages:
    1,297
    Likes Received:
    561
    Trophy Points:
    113

    That IS what you said:
     
  8. mightymoose

    mightymoose Moderator

    Messages:
    10,970
    Likes Received:
    1,809
    Trophy Points:
    113

    Sometimes other experience can be substituted for education. Do you know enough about the other other applicants to accurately assess your experience and qualifications compared to theirs? It could be that YOU needed the degree while another applicant did not.
     
    hrforme likes this.
  9. zddoodah

    zddoodah Well-Known Member

    Messages:
    3,621
    Likes Received:
    838
    Trophy Points:
    113

    "[W]orking on their [sic] degree" is the same thing as "doesn't have a degree." In other words, it's not as though the employer hired a Caucasian person without a degree instead of hiring a Hispanic person with a degree. All persons involved did not have degrees, so that's a non-issue.

    So...are you assuming that a reason or the only reason why the new managers got their jobs and the current employee didn't is because of race/ethnicity? Do you have any evidence to support this?
     

Share This Page