ExpertLaw.com Forums

Rejected from Job Because of School I Attended is Not in the U.S

Printable View

Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
  • 03-30-2012, 10:16 AM
    fermat
    Rejected from Job Because of School I Attended is Not in the U.S
    Hello,

    I was denied a job because of the following reason, I'll quote: "Unfortunately, they will only consider non-US college degrees if the candidate has a good amount of US work experience, and they do not feel that you have this experience."

    I previously told the HR person that the university I attended is a member of the Southern Association of Colleges and Schools of the US, this means that this university is accredited in the United States (http://www.sacs.org/).

    I've worked for an important well-known international telecommunications company but not in the US. I've also worked for an important non-profit international political organization. I'm a U.S. Citizen but I've lived most of my live in another country.

    I read this, and this is why I feel I'm being discriminated:
    Quote:

    Title VII also prohibits discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group.
    http://www.eeoc.gov/facts/qanda.html

    Is it me or they are being biased/racist? What do you think? Thanks.
  • 03-30-2012, 10:22 AM
    antrc170
    Re: Rejected from Job Because of School I Attended is Not in the U.S
    You are not being discriminated against.

    First, regardless of if the school is accredited, the company will only accept non-US school degrees IF you have substantial US experience, which you admit you don't. Therefore, you just plain don't qualify.

    Second, the part of Title VII that you quoted deals with religious, racial schools. For example, a company cannot discrimminate against Notre Dame (catholic school) or Moorehead (traditionally black student base). It has nothing to do with international schools.

    You don't qualify for the job. There is no discrimmination.
  • 03-30-2012, 10:42 AM
    fermat
    Re: Rejected from Job Because of School I Attended is Not in the U.S
    antrc179, thank you for your response.

    1.
    The position is for a recent college graduate software engineering job. So, I don't understand the need for "US experience" being that I have experience making software for international corporations/organizations.

    2.
    I understand that a company cannot discriminate against a religious or racial school. My point is that the discrimination is being made because of national origin, so as I understand yes it has to do with international schools.

    3.
    You're right, I'm probably over qualified for the job. the interview was so easy/mediocre that I wouldn't want to work there anyway.
    thanks!
  • 03-30-2012, 11:03 AM
    antrc170
    Re: Rejected from Job Because of School I Attended is Not in the U.S
    Quote:

    Quoting fermat
    View Post
    1.
    The position is for a recent college graduate software engineering job. So, I don't understand the need for "US experience" being that I have experience making software for international corporations/organizations.

    It doesn't matter if you understand the need for US experience. The company is free to include that as a reasonable consideration for the job.

    Quote:

    2.
    I understand that a company cannot discriminate against a religious or racial school. My point is that the discrimination is being made because of national origin, so as I understand yes it has to do with international schools.
    You are not being discriminated against because of your national origin. You are being discriminated against because of your foriegn education which is not a protected class and the company rightly disqualify you from the job.
  • 03-30-2012, 11:04 AM
    Mr. Knowitall
    Re: Rejected from Job Because of School I Attended is Not in the U.S
    Quote:

    Quoting antrc170
    View Post
    You don't qualify for the job. There is no discrimmination.

    It is discrimination - it's the different treatment of similar degrees from two different colleges - just not unlawful discrimination.
    Quote:

    Quoting fermat
    View Post
    I don't understand the need for "US experience" being that I have experience making software for international corporations/organizations.

    We have no way of explaining the company's policies, and they may well not make sense - or there may be a reason or past problem we don't know about. If you want them explained you'll need to talk to the company.
    Quote:

    Quoting fermat
    I understand that a company cannot discriminate against a religious or racial school. My point is that the discrimination is being made because of national origin, so as I understand yes it has to do with international schools.

    They cannot discriminate based on national origin of the person, but the degree is something else entirely. If they were selectively targeting certain international schools as a pretext for some form of racial or ethnic discrimination, that would be one thing. If it's every international college - "Sorbonne, Oxford? Sorry - you don't have U.S. experience" - that's not going to be a case you can make.
    Quote:

    Quoting fermat
    You're right, I'm probably over qualified for the job. the interview was so easy/mediocre that I wouldn't want to work there anyway.

    Good luck, then, with your continuing job search.
  • 03-30-2012, 11:10 AM
    fermat
    Re: Rejected from Job Because of School I Attended is Not in the U.S
    Why are they discriminating me for my foreign education if the school has accreditation in the U.S.?

    Quote:

    In 1950 it became the first foreign university in history to be accredited by the Southern Association of Colleges and Schools (SACS),[11] one of the six regional accreditation agencies recognized by the United States Department of Education.
    Again, I thank you for you're feedback.
  • 03-30-2012, 11:12 AM
    antrc170
    Re: Rejected from Job Because of School I Attended is Not in the U.S
    Quote:

    Quoting fermat
    View Post
    Why are they discriminating me for my foreign education if the school has accreditation in the U.S.?



    Again, I thank you for you're feedback.

    Who knows? You should ask them.
  • 03-30-2012, 11:17 AM
    Beth3
    Re: Rejected from Job Because of School I Attended is Not in the U.S
    I'm not so sure it can't be considered national origin discrimination, at least in some circumstances. If I'm born and raised in Russia, then that's where I'm going to get my schooling so rejecting me solely because my college degree is from a Russian University could potentially violate U.S. discrimination laws. This particular issue would be considerably more complex than my simplified comments and circumstances will definitely matter. But I wouldn't want to be the EEOC test case on this, particularly if they've decided to pursue a disparate impact claim and my employer's policy is "no hire unless the candidate graduated from a U.S. college or university."
  • 03-30-2012, 11:32 AM
    antrc170
    Re: Rejected from Job Because of School I Attended is Not in the U.S
    Quote:

    Quoting Beth3
    View Post
    "no hire unless the candidate graduated from a U.S. college or university."

    That's not what the company policy is at all though. The OP stated that the company will only accept a foreign degree with US experience, which the OP does not have. The OP is not being discriminated against solely on degree, but also on experience...both of which are legal.

    The company is not discriminating against any protected group, the last time I checked "foreign educated" is not a protected class.
  • 03-30-2012, 11:50 AM
    Beth3
    Re: Rejected from Job Because of School I Attended is Not in the U.S
    Understood and you're right that "foreign educated" is not a protected class but I do think that if a U.S. employer rejected candidates based solely on the fact that they are foreign educated, a case could potentially be made for a disparate impact national origin discrimination claim. Just something I thought was worth mentioning.
Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
All times are GMT -7. The time now is 08:09 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved