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I recently interviewed at my current employer for a

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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
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4/3/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 1 year ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,405
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....

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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....

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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.

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Employment Lawyer: Patrick, Esq., Lawyer replied 1 year ago
Was there anything else I can do for you before we wrap up?
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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).

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