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I feel like i was overlooked for a position that was i was

qualified for. I was on...
I feel like i was overlooked for a position that was i was qualified for. I was on vacation when this position came open, and the department manager posted an e-mail about the position, and i found out later that he called three other qualified individuals to see if they were going to apply for the position, because they had not submittted there job interest form yet, but he totally did not call to see if i was interested in the position. I was left out, and only found out about the position when i returned back to work. People in passing were asking me if i was going to put in for the position. I was the only internal candidate that was African American.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Well the company is based out of Denver, CO., but i work for them on a military base in Kuwait.
JA: Is the employment agreement "at will," union, full time or part time?
Customer: At will, full time.
JA: Anything else you want the lawyer to know before I connect you?
Customer: There is alot wrong with how the this whole hiring process was conducted. No open and closing dates,no subject matter experts on the board of evaluates, different questions for the external candidates from the internals.The department manager said that he did not know the individual that was hired, but was talking about times when they worked together in i believe Afganistan together by more then one person.,
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Answered in 1 minute by:
11/14/2017
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,886
Experience: Exclusively practice labor and employment law.
Verified

Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. Please note that the website may ask you if you desire premium services, such as a phone call. I do not control these prompts, and you are not under any obligation to order premium services to get a full answer from me. If you do desire premium services, however, feel free to select that option. I will have an answer for you shortly, unless I require additional information. Please be patient while I may have to research some matters before providing a response. In the meantime you should save the url link or bookmark this webpage in case you become disconnected and need to return to this page at a later time.

Ask Your Own Employment Law Question

You do, at the very least, have what is called a prima facie case of race discrimination. What this means is you can meet the basic elements of a civil rights claim - which are 1) you are part of a protected class, 2) you are qualified for your job but treated adversely to similarly situated employees in the majority (i.e., white employees) and 3) suffered an adverse employment action. With this you can bring a charge and it is for the employer then to attempt to refute your allegations with a legitimate non-discriminatory reason for your termination. It would bolster your case as well if you could show that the standard hiring/promotion process was not followed or other evidence of this manage's discriminatory event. I would not rely on your race vs. the others as your sole evidence.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation - simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.

John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,886
Experience: Exclusively practice labor and employment law.
Verified
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John
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,886
5,886 Satisfied Customers
Experience: Exclusively practice labor and employment law.

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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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