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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 91002
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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No criminal background on me is just that I believed the selecting

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No criminal background on me is just that I believed the selecting official manipulated the job announcemets to give an unfair advantege an ensure the selection of a preferred candidate. Can this be done under title 18 this my question, neither has criminal past...
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Hiring by the government in positions is an at will process. This means that the employing agency can decide which of the candidates they want, just as long as they do not exclude you on the basis of age/race/sex/disability, which would be unlawful discrimination and grounds for you to take action. If they did not exclude you based on your age/race/sex/disability, the employer has a right to select any candidate it chooses

Under Title 18 Section 242, it prevents discrimination based on age/race/sex/disability in hiring.

Title 18, U.S.C., Section 242
Deprivation of Rights Under Color of Law

This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.

This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race.

Acts under "color of any law" include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under "color of any law," the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.

Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.


Also: 18 USC 245 states:

Title 18, U.S.C., Section 245
Federally Protected Activities

1) This statute prohibits willful injury, intimidation, or interference, or attempt to do so, by force or threat of force of any person or class of persons because of their activity as:


a) A voter, or person qualifying to vote...;

b) a participant in any benefit, service, privilege, program, facility, or activity provided or administered by the United States;

c) an applicant for federal employment or an employee by the federal government;

d) a juror or prospective juror in federal court; and

e) a participant in any program or activity receiving Federal financial assistance.

2) Prohibits willful injury, intimidation, or interference or attempt to do so, by force or threat of force of any person because of race, color, religion, or national origin and because of his/her activity as:

a) A student or applicant for admission to any public school or public college;

b) a participant in any benefit, service, privilege, program, facility, or activity provided or administered by a state or local government;

c) an applicant for private or state employment, private or state employee; a member or applicant for membership in any labor organization or hiring hall; or an applicant for employment through any employment agency, labor organization or hiring hall;


You need to prove unlawful discrimination though, not just because they wanted someone other than you for any reason other than your age/race/sex/disability.



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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 91002
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 16 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

But can they manipulate the hiring process to ensure preferred candidate selection, these are known as prohibited personnel practices ??

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response. It depends on how they "manipulated" the process and your proof. Thinking the process was manipulated and proving it with evidence are two different things. I don't know what they did that you are alleging, but with the government if you are alleging they committed an unlawful practice your right is to file a complaint with Office of Personnel Management who oversees hiring of employees.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 91002
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 16 other Legal Specialists are ready to help you

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