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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118087
Experience:  20+ Years of Employment Law Experience
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This is a equal opportunity (unfair hiring practice)

Customer Question

This is a equal opportunity (unfair hiring practice) question. I was passed over on a federal gov't hire. The back story in short is - myself and a fellow worker applied for an "open job" meaning the job was post for all US citizens. My fellow co-worker
received resume "help" from his supervisor (who would of been on the hiring board) and also the hiring manager after his resume did not make it passed the referral board. First announcement was for the job was cancelled and was reposted 2 months later. He
then was hired without the hiring manager giving referred candidates (approx. 4 to include myself, my fellow co-worker and two others from outside the department and/or command. What case if any do I have against the federal gov't command.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Equal Opportunity Employment under the law means that the employer hires without regard to age/race/sex/disability/national origin. Unfortunately, if one employee gets help in applying and happens to be friends with someone on the hiring board and that friendship causes him to get hired, that is not a violation of the Equal Employment Opportunity Act. It could violate the employer's and OPM hiring practices for the manager canceling the position and then two months later simply hiring his friend.
You would need to file a complaint through your union if the hiring practices for your agency were not followed. Also, you can contact the Office of Personnel Management and file a complaint if the agency did not follow the proper hiring practices and guidelines.