Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today.
Unless you had a contract for a specific period of time (e.g., you'd be bar manager for 3 years), then you do not have a claim to the position contractually speaking. This is because employment in V.A. is considered to be at will
, and you could be terminated at any time without cause.
You could make a claim that the position was given to the less experienced male for reason of gender discrimination
. You have what is called an indirect evidence claim for discrimination. meaning you can show that you were qualified and were not selected in favor in someone of the opposite gender. The employer then would have to show a legitimate non-discriminatory reason for your not being hired. The retaliation
element of this - i.e., your not being put on the schedule because you complained about the non-hire, is part of your damages for the claim.
You may want to contact the Equal Employment Opportunity
Commission (the "EEOC
". )The EEOC would investigate the workplace at no charge to you and make a determination of whether discrimination occurred. If the EEOC finds discrimination, they attempt to work out a resolution or, if a resolution cannot be reached, they'll either sue the employer or allow you to sue them in federal court. Lastly, your employer cannot legally discipline or discharge you for filing with the EEOC. If this sounds like something you're interested in, you can learn how and where to file a charge with them here: http://www.eeoc.gov/employees/howtofile.cfm
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