Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I recently interviewed at my current employer for a

Customer Question
promotion. There are a total...
I recently interviewed at my current employer for a promotion. There are a total of the candidates for the position including myself.
The other two candidates were interviewed by the hiring manager directly. I was interviewed by someone underneath that hiring manager. The individual who interviewed me stated that the hiring manager would make the decision on who gets a second interview.
I believe that because of my skin color that I was not given a fair opportunity to interview through the same hiring process as the other candidates who happen to be of Caucasian decent.
This would be my 4th time interviewing for this position.
The last time I interviewed me and the other candidate went through the same exact hiring process and interviewed with the same exact people.
After the other candidate who happen to be Caucasian was promoted. I was told my one of the individuals who interviewed me along with another supervisor that they both had recommend me for the position, but they hiring manager decided to go with the other candidate.
Submitted: 1 year ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 1 minute by:
4/3/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 1 year ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,898
Experience: Significant experience in all areas of employment law.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

If you believe that your employer is motivated by race in denying you this promotion, your first step would be to file a complaint with the Equal Employment Opportunity Commission. This is the agency charged with enforcing federal anti-discrimination law. The EEOC will investigate and attempt to mediate a resolution with your employer. That not forthcoming, they will either file a lawsuit on your behalf or issue you a "right to sue" letter, which will enable you to sue in civil court with the assistance of an attorney. You can get the EEOC complaint process started here.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

Ask Your Own Employment Law Question
Customer reply replied 1 year ago
should I file a complaint with the EEOC before speaking with a lawyer?
Employment Lawyer: Patrick, Esq., Lawyer replied 1 year ago

I would try to retain counsel on contingency first. The problem many employees face, though, is that they cannot find an attorney interested in helping them on a contingency fee basis (meaning their fee is a percent of the recovery and nothing if there is no recovery) until the EEOC has investigated and found cause for concluding illegal discrimination. The "right to sue" letter will make it a lot easier to find a lawyer, but in general it's always better to have a lawyer sooner rather than later so if you can find one to represent you now, all the better. You can locate attorneys here.

Again if there is anything more I can do for you just let me know. It's my pleasure....

Ask Your Own Employment Law Question
Customer reply replied 1 year ago
Just another question. Should I first bring this matter up to the HR department at my employer before I file the with the EEOC
Employment Lawyer: Patrick, Esq., Lawyer replied 1 year ago

That's really a personal judgment call. If you feel like HR is fairly neutral at your company and may actually try and help you, then it would be prudent to raise the issue with them first, provided you do so in the least accusatory possible manner. However, if HR tends not to be very helpful or you don't have a good relationship with them, then I would typically just file with the EEOC. If you do complain to HR first, your complaint should be in writing or confirmed in writing--that way there is proof you complained, in the event your employer attempts to retaliate against you for the complaint, which would be illegal.

Again, please feel free to let me know if you have any further concerns. If I have answered your questions, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.

Very best wishes.

Ask Your Own Employment Law Question
Employment Lawyer: Patrick, Esq., Lawyer replied 1 year ago
Was there anything else I can do for you before we wrap up?
Ask Your Own Employment Law Question
Was this answer helpful?
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 13,898
13,898 Satisfied Customers
Experience: Significant experience in all areas of employment law.

Patrick, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,991 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I am in the beginning stages of an EEOC investigation and I
I am in the beginning stages of an EEOC investigation and I am the charging party. After dodging the process for a while, my former employer who fired me after I reported a discriminatory employment p… read more
Eric Yepez
Eric Yepez
Law/J.D.
46 satisfied customers
In Hawaii, can a. In Hawaii can a promotion that was
In Hawaii can a promotion that was discussed and promised at an annual review, be withdrawn without reason? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,769 satisfied customers
Will the EEOC reconsider a case if they initially find it
Hi will the EEOC reconsider a case if they initially find it inconclusive if ask and more information is provided. … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
523 satisfied customers
I have a eeoc appointment for July 2nd. I've been reading I
I have a eeoc appointment for July 2nd. I've been reading I have 180 days to file a claim. how do I file now? … read more
Eric Yepez
Eric Yepez
Law/J.D.
46 satisfied customers
I have filed with EEOC on the TDCJ Warden on Johnston for
Thank you, ***** ***** filed with EEOC on the TDCJ Warden on Johnston for sexual harressment, now I'm uncomfortable at work, what can I do? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I want to know how you prove discrimination at work. I was
Hello I want to know how you prove discrimination at work. I was told that it is only a hostile working environment if there is discrimination… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I currently have an EEOC investigation going on with my
I currently have an EEOC investigation going on with my former employer-the case was filed in Georgia but I have had to sell my home and am thinking of moving out of state-will this hurt my case?? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I just sent in an EEOC complaint regarding something that
Hi, I just sent in an EEOC complaint regarding something that happened over ten years ago. I was told a few years ago that my boyfriend got my boss to fire me because we broke up. The boss is an attor… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Can I file a claim of age discrimination with the EEOC and
Can I file a claim of age discrimination with the EEOC and wait 60 days to exhaust my administrative remedies before filing in federal court or do I have to file with the GCEO? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
CIVIL - EEOC - Discrimination, Retaliation, Wrongful
CIVIL - EEOC - Discrimination, Retaliation, Wrongful Termination... How to WRITE/WORD the petition to the court for:One of the retaliations = Suspension without warning of the use of vacation time Jul… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have been discriminated against for a job promotion
Hi I have been discriminated against for a job promotion because of my disability. … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I have filed a complaint with EEOC under Age discrimination
I have filed a complaint with EEOC under Age discrimination and harassment. Had to resign from job at State agency 2 weeks after receiving PIP due to continuous harassment for more than a year, have w… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
Don't know if I am discriminated against with promotions.
Don't know if I am discriminated against with promotions. But I notice over the past couple years that everyone that is promoted are younger than me. some are half my age and others maybe a couple yea… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
Don't know if I am discriminated against with promotions.
Don't know if I am discriminated against with promotions. But I notice over the past couple years that everyone that is promoted are younger than me. some are half my age and others maybe a couple yea… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,187 satisfied customers
After having filed an EEOC discrimination complaint at
After having filed an EEOC discrimination complaint at Texxxxxxxxx xxxxxxx xxxxxx - one of the retaliations that occurred was a witnessed verbal assault by the supervisor, during a "review" meeting of… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I interviewed for a job promotion along with other.' I
I interviewed for a job promotion along with other … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,160 satisfied customers
I am considering filing an EEOC claim of discrimination and
I am considering filing an EEOC claim of discrimination and retaliation. My employer was going to terminate me, but said I could resign instead. I had about 30 seconds to decide. I wrote a resignation… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,160 satisfied customers
I went to the EEOC for age discrimination. They in turn made
I went to the EEOC for age discrimination. They in turn made me sign an AOF retracting it for 90 days severance. I felt I was forced to resign … read more
Patrick, Esq.
Patrick, Esq.
Lawyer
13,898 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x