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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 2699
Experience:  Exclusively practice labor and employment law.
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My employer in OR did not grant me an opportunity to interview

Resolved Question:

My employer in OR did not grant me an opportunity to interview for a supervisory position after I has expressed an in being considered for the position.

I have worked 9 years in an individual contributor role in the field of the position. During that time, I have trained co-workers and Managers, interviewed potential candidates, implemented New processes and worked with little or no supervision.

I have a BA and am a woman, over 40, and am physicality disabled.

The person chooses for the position has been with the company less than 8 years and does not have a degree but has prior direct supervisory experience.

Is there a case for discrimination because I was not given an opportunity to interview for this position?
Submitted: 9 months ago.
Category: Employment Law
Expert:  John replied 9 months ago.

Hi, My name is XXXXX XXXXX I’m happy to assist you with your question today. I’m sorry to hear about your employment matter.

 

You do have what is called a prima facie case of discrimination. That is to say you are a disabled employee, you are able to to d the essential elements of the position, and you are apparently far more qualified than the person who got the position. It would then be up to the employer to offer a legitimate non-discriminatory reason for your lack of hire into that position. It's not at all clear to me that the employer's reason of "direct experience" is at all legitimate in this instance to constitute a legitimate non-discriminatory reason to defend the employer from the charge. I suspect it is not and you could have a case of disability discrimination, but there is a lot of factual detail in determining what is a legitimate non-discriminatory reason for the employer's defense of the matter (including an analysis of the job and the prospects backgrounds).

 

What I would recommend is that you file a charge with the Equal Employment Opportunity Commission (the EEOC) to investigate a charge of disability discrimination (and specifically whether the employer's rationale is non-discriminatory). The EEOC will investigate the employer to attempt to discover if this reasoning is legitimate and/or non-discriminatory. If they find an issue they'll attempt to resolve the matter between the parties, and bring charges against the employer if necessary. They do this all at no charge to yourself. If this sounds like something that interests you, then you can learn how to file a charge at the EEOC's website here.

 

 

 

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

 

John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 2699
Experience: Exclusively practice labor and employment law.
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