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Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 33097
Experience:  More than 30 years in legal practice.
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If a government organization posts a job that you meet the

Customer Question

If a government organization posts a job that you meet the requirements but they continue to hire people who seem to have a higher level of education but not necessarily the experience to match is that legal? Is there anything that can be done to dispute it if the position is administrative position and you are already list as administrative?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Loren replied 1 year ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 1 year ago.

Do you have any reason to believe that you are being disciminated against due to race, religion, ethnicity, etc.?

Expert:  Loren replied 1 year ago.

Are you online with me?

Customer: replied 1 year ago.
It appears that way as they are not promoting minorities at the same rate. However an individual involved is a minority so I really not sure.
Customer: replied 1 year ago.
Hello are you still there?
Expert:  Loren replied 1 year ago.

Sorry for the delay. For some reason the site did not notify me that you had responded.

Expert:  Loren replied 1 year ago.

If what you say can be proven then you have a claim for hostile work environment based upon racial discrimination. The minimum requirements to sustain the claim is called the "prima facie" case. Courts have come up with a four-part test that employees must meet to establish a prima facie case of discrimination under Title VII. If an employee can present evidence of each element, the employer will then have to present evidence that its decision was not discriminatory. If an employee can't make a prima facie case, the employer can ask the judge to dismiss the lawsuit.

The elements of a prima facie discrimination case are:

The employee is in a protected class (based on race, gender, and so on).
The employee was qualified for the position.
The employee was fired or subject to other disparate treatment.
An employee outside of the protected class was given preferential treatment.

Once you are able to establish that you were subject to disparate treatment, the burden shifts to the employer to show that there was a legal reason for the adverse action taken against you.

To start the process, contact the EEOC at www.eeoc.gov for more information on filing a complaint. Your employment is protected from termination due to filing the complaint. Such termination would be retaliatory and subject your employer to further liability to you.

An attorney is not required, but it would be invaluable in this type of claim. It is not simple litigation and there is no reason you need to learn as you go. Additionally, if you prevail, you would be awarded your attorney fees and many attorneys who handle this type of claim, do so on a contingency fee basis. So, it should not cost you anything upfront.

If you need help finding local counsel, try Martindale Hubble. Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:
http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx