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  1. #1
    Join Date
    Mar 2006
    Posts
    4

    Default Discrimination and Promotion of Less Qualified Employee

    I have been working in this school for 7 years and I have been teaching Spanish and Religion. Sometimes I have taught more Religion classes than Spanish classes due to the fact that there are not that many religion teachers. The position for the Foreign Language Departmant Chair open up because the current teacher is leaving. The administration decided to give this position to someone who has been there for 2 years and is not even tenured. I am tenured and I have been there, as stated before, for seven years. I am native speaker of the language, I have a degree from a prestigious University and I believe that I should have been the person for that position. At school, many teachers think the same way. Where do I go from here? Do I have a case?
    Thanks

  2. #2
    Join Date
    Dec 2005
    Posts
    200

    Default

    On what basis do you believe you were discriminated?

  3. #3
    Join Date
    Mar 2006
    Posts
    4

    Default

    I am a resident to this country (Hispanic origin). She is American, and she in under qualified. Where I am well qualified.

  4. #4
    Join Date
    Jul 2005
    Location
    Texas
    Posts
    254

    Default

    Nothing in your suggests that any discrimination has taken place. Just because you believe that you are more qualified and and have more tenure doesn't make your employer obligated to give the position. There are other factors which we raen't aware that could have affected their decision---maybe you weren't the right fit for that department or that your skills were needed more in the religious department.

  5. #5
    Join Date
    Dec 2005
    Posts
    200

    Default

    Did the administration know that you were interested in the job? If so, you should ask them why you weren't selected.

    If you have reason to believe that you weren't chosen because the administration didn't want someone who was Hispanic, you can contact EEOC, the federal agency that enforces the federal anti-discrimination laws, or your state human rights agency.

    Whether you have a case depends upon why the administration did not select you for the job and whether you can show that your national origin was a factor in their decision.

  6. #6
    Join Date
    Mar 2006
    Posts
    4

    Default hi again and thanks

    I do understand this, but the position of the Religion Dept Chair
    was open last year and I was the teacher with the most experienced and tenure than anyone and they did not give it to me, but someone else. I feel that every time a position is open, they try to make any excuse for me not to get that position.

  7. #7
    Join Date
    Dec 2005
    Posts
    200

    Default

    It's not a violation of the federal anti-discrimination laws for the administration to promote others and not promote you. The laws also don't require that an employer select the most qualified person for the job. It only becomes a violation if they don't promote you because of your race, sex, religion, national origin, religion, age or a disability.

    For example, if the individuals who got the jobs you sought, although less qualified than you and with shorter tenure, were also Hispanic, you couldn't claim illegal discrimination because you were Hispanic. Obviously being Hispanic doesn't prevent promotion, since those promoted were Hispanic.

    It could be that the administration doesn't believe that you would be successful as Department Chair. You need to objectively evaluate the reasons they have given you for their decisions. You might also ask your fellow teachers whether the reasons the administration has given you for not promoting you have any validity and why they think you weren't selected for either job.

    Teaching experience and tenure may not be the factors that the administration considers in selecting a Department Chair. That's a leadership/management position. Maybe they don't view you has having the skills to be a good leader or manager.

  8. #8
    Join Date
    Mar 2006
    Posts
    4

    Default thanks

    Thanks. The people who they selected are Americans, I guess I will have to check to see if my race was a factor in this matter.

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