If You're Over Forty and Not Given a Chance for a Job is That Discrimination
My question involves labor and employment law for the state of: Hawaii
I'm over 40.
I applied for a music director position.
All the applicants were given an audition.
However, was not given an audition.
Is that discrimination?
Re: If You're Over Forty and Not Given a Chance for a Job is That Discrimination
It will depend on the facts. Lots of people don't get job interviews, especially in this economy. What makes you think it was your age?
Re: If You're Over Forty and Not Given a Chance for a Job is That Discrimination
Quote:
Quoting
Synesthesia808
My question involves labor and employment law for the state of: Hawaii
I'm over 40.
I applied for a music director position.
All the applicants were given an audition.
However, was not given an audition.
Is that discrimination?
either all the applicants were given an audition or not all applicants were given an audition.
Were you the only person over 40 not given an audition?
Did you have comparable experience those given an audition?
Re: If You're Over Forty and Not Given a Chance for a Job is That Discrimination
It's only illegal if you were not given an audition BECAUSE you are over 40.
Re: If You're Over Forty and Not Given a Chance for a Job is That Discrimination
Thank you all for your quick replies.
I was the only applicant that was not auditioned.
In detail:
I was reapplying for my position that I already had.
I was told that I must reapply to be "fair" according to the employer.
Everyone that applied were given an audition.
However, I was not granted an audition.
There were other applicants that were 40+.
Will this be sufficient for EEOC?
Re: If You're Over Forty and Not Given a Chance for a Job is That Discrimination
No, in fact you've just proven that your age was NOT a factor.
There were other over 40 applicants there who were given an audition. Therefore, they had no problem with over 40 applicants and their failure to audition you cannot be shown as to be because of your age. The EEOC will not be interested.
Re: If You're Over Forty and Not Given a Chance for a Job is That Discrimination
Yes, you are right.
Do you think I still have a case?
Re: If You're Over Forty and Not Given a Chance for a Job is That Discrimination
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I was reapplying for my position that I already had.
so why would they have to waste their time by giving you an audition? They have seen your work, right? Just what would an audition have given them your tenure as an employee didn't?
I was told that I must reapply to be "fair" according to the employer.
Everyone that applied were given an audition.
However, I was not granted an audition.
Quote:
There were other applicants that were 40+.
well, that kills your argument this was based on your age.
this is one of those situations where Dr. Phil would be wrong. This IS about you. They simply did not want to hire you back. Time to move on with life.
Re: If You're Over Forty and Not Given a Chance for a Job is That Discrimination
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Do you think I still have a case?
A case for what?
You've already said that there were other applicants over 40, and they were all given auditions. This shows that your age was not a factor in their decision.
Re: If You're Over Forty and Not Given a Chance for a Job is That Discrimination
You are all right, thank you.
I was thinking of going civil court, try to see if I have a case for
being singled out of the hiring process.
- - - Updated - - -
Oh by the way, the employer is a priest. lol
Re: If You're Over Forty and Not Given a Chance for a Job is That Discrimination
The law does NOT say that you cannot be singled out. It only says that you cannot be singled out for a reason protected by law.
Nothing you have posted suggests that you have a case for anything at all.
But feel free to pay a lawyer to tell you the same thing.
By the way, I don't "still" think you have a case - I never thought you had a case to begin with. And I still don't.
Re: If You're Over Forty and Not Given a Chance for a Job is That Discrimination
Quote:
Quoting
Synesthesia808
You are all right, thank you.
I was thinking of going civil court, try to see if I have a case for
being singled out of the hiring process.
- - - Updated - - -
Oh by the way, the employer is a priest. lol
u could not file a civil suit anyway in this instance .. you would need to file with the eeoc first. fyi it costs nothing to file a complaint with the eeoc.
Re: If You're Over Forty and Not Given a Chance for a Job is That Discrimination
You would only have a case if the prospective employer had done something illegal. The prospective employer hasn't done anything illegal, ergo you don't have a case.
Re: If You're Over Forty and Not Given a Chance for a Job is That Discrimination
I'm just curious as to how OP knows who was and wasn't auditioned.
Re: If You're Over Forty and Not Given a Chance for a Job is That Discrimination
My guess is that this is a church music director position, and probably word has traveled through the musicians there. In an early post the OP stated "I was reapplying for my position that I already had" so I'd also guess that she wasn't given an audition because they already know what her skills are and have seen her work -- and apparently want something else.
Re: If You're Over Forty and Not Given a Chance for a Job is That Discrimination
I'm sorry, neither HI nor Federal law promises a job you are hired for will be for life or until you quit.