Unfair hiring practices based on degree requirement

[Eva Ramirez]

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.

 

[PayrollHRGuy]

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.

 

[Eva Ramirez]

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.

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.

 

[cbg]

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

 

[Eva Ramirez]

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

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?

 

[cbg]

IF it is based on race, then yes, that is illegal. I thought that's what I said.

 

[justblue]

IF it is based on race, then yes, that is illegal. I thought that's what I said.

That IS what you said:

IF "not having a degree" is being used as a pretext to avoid hiring people of certain races, THAT might be illegal

 

[mightymoose]

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.

 

[zddoodah]

Employee had good reviews and substantial experience and was working on their degree.

"[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.

Employee is Hispanic and other managers hired without a degree are White.

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?