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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20183
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I recently applied for a job that I had previously held with

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I recently applied for a job that I had previously held with a subcontractor at a prominent jobsite. After being told by the subcontractor that I could start the job I received a call from the same subcontractor stating that the owners rep would not allow me access to the site and thus he could not hire me. I believe the owners rep is discriminating against me due to my race.

Thank you for the information. I assume you are asking what your recourse is in this case. If you believe that you were not hired because of your race (even if the employer was only complicit in the decision because the site owner would not allow you on the property), then you can file a racial discrimination complaint with the NYS Division of Human Rights and/or the EEOC. You will also want to sit down with a local employment law attorney who handles discrimination issues and discuss this issue completely. That way, armed with all of the facts, they can help you decide if you want to wait for the agency to investigate and try to resolve the issue, or whether you might want to request a "right to sue" letter immediately and file suit. Another option might be for the attorney to write a letter to the employer and the Site owner, giving them a chance to change their mind in lieu of you exercising your legal rights under discrimination laws.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
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