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Unfair Treatment for Internal Job Opportunities

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  • 06-19-2009, 10:32 AM
    lostandconfusedtoday
    Unfair Treatment for Internal Job Opportunities
    My question involves labor and employment law for the state of: Iowa

    Hello ,
    I am currently having some issues at the workplace and personally I feel like I am being discriminated againest. I was hoping I could run my story by here and see maybe if anyone had any feedback as I am confused.
    In short I work for a company and I have been there two years. I am an excellant worker with a perfect work history. Over the last two years I have applied for 4 different jobs with no success of moving up in the company. In the last month I applied for a job and was interviewed twice. Now when the company choose the person who received the job, this employee was in bad standing with the company. They had just came out of a suspension after applying for the job. In our company handbook it states "Only employees in good standing with regard to performance, safety and attendance will be considered for open positions." Should this employee have received the job over me is the question?
    In another job I applied for I feel I was well qualified for also. I interviewed and was then later told someone else received the job. Now a few months later the person who received the job tells me that the manager interviewing for the position "begged" him or her to apply for the job. Was that even fair to me? I feel like I didn't even have a chance.
    Those are the two situations I have questions about. In one of the job postings I interviewed for it and was given the job but as the economy is now I was told I would be first to get laid off. I did not get to start though. The company did lay offs a month later.
    The other job I interviewed for the position was given to someone who did probably deserve the job so no questions there.
    Any thoughts are welcomed.
    Thank You.
  • 06-19-2009, 10:48 AM
    cbg
    Re: Feeling Discriminated
    The law does not dictate to the employer whom they must promote. It is entirely up to the employer. Nor does "fair" enter into it since what is considered fair can vary with the situation and each individual's perception of it. Nothing in the law says that the employer has to interview everyone who applies, or is qualified, and nothing in the law says that they have to pick the most qualified person.

    The only way this is going to be in any way illegal is if you have a valid and supportable reason to believe that your race, religion, national origin, or other characteristic protected by law, entered into the hiring or promotional decision. It is not enough, if it is even the case, that you and the person who got the job you wanted are of different (name your favorite characteristic protected by law here); the decision must have been made BECAUSE of that characteristic before it is illegal.
  • 06-19-2009, 11:04 AM
    lostandconfusedtoday
    Re: Feeling Discriminated
    Quote:

    The only way this is going to be in any way illegal is if you have a valid and supportable reason to believe that your race, religion, national origin, or other characteristic protected by law, entered into the hiring or promotional decision. It is not enough, if it is even the case, that you and the person who got the job you wanted are of different (name your favorite characteristic protected by law here); the decision must have been made BECAUSE of that characteristic before it is illegal.
    Ok thanks for the answer. I guess thats pretty much what I needed to hear.
    As for the race concern, I am the only "non white" person at this particular company and although I feel it has alot to do with that, I cannot prove it though.
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