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  1. #1
    Join Date
    Mar 2009
    Posts
    327

    Default Possible Discrimination

    Hello,

    I am not sure if I have a case for employment discrimination, so here goes.

    I was called by the federal government for an interview. The position was never advertised by the agency nor did I apply for it. During the interview I gave a brief description of my employment history, including my military service time of 15 years. The hiring manager asked me why I left after 15 years and I explained it was a medical discharge. (Currently a service-connected VA disability.) However, I was then asked detailed questions about the disability, cause and effect, etc. Also was also asked questions about my family, kids etc.

    I felt very uncomfortable. I am not new to the federal government being a former employee, and do know that these questions are a big non-no.

    The interview was one on one with no other individuals in the room. After the interview I sent an email to the hiring manager thanking him for the interview but also letting him know I was uncomfortable with the questions, then added a few additional job related questions of my own. Fortunately the manager answered my email and acknowledged the disability questions. So now I have a record of them occurring verses a he said-she said scenario.

    The job salary would be $100K a year plus annual increases etc. Feasibly a federal career at this rate would be worth big $$$.

    If I do not get the position, do I have a discrimination case based on the questions related to my disability and family status asked during the interview?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Possible Discrimination

    Only if you have some kind of proof that your answers to these questions were the sole reason you were not hired.

    Technically, at least the questions about your family and children were not against the law. Depending on the exact questions, it may or may not have been legal to use your answers in the hiring process, but the questions themselves are legal, if foolish.

    If they had asked you if you had any medical disabilities, that would have been illegal. However, if I understand it, you are the one who first mentioned it (yes, I understand it was in answer to a question, but THEY did not ask you if there were medical reasons why you left). Since you brought the subject up, they were legally allowed to follow up.

  3. #3
    Join Date
    Mar 2009
    Posts
    327

    Default Re: Possible Discrimination

    Thanks cbg,

    Generally I agree to the point of eluding to the reason of my military discharge as being medical, however once the hiring manager drilled down into the who, what, when, where, and nature of the disability, I believe he crossed the line. Several federal Acts protect not only disability discrimination, but disabled veteran hiring preferences.

    Proving the relationship may be difficult, but an EEOC complaint and DOL VETS complaint sure would bring it to their attention at no cost to me.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Possible Discrimination

    So what you are saying is, as soon as the disability was revealed, they were required by law to hire you?

    I don't think so.

  5. #5
    Join Date
    Mar 2009
    Posts
    327

    Default Re: Possible Discrimination

    Absolutely not, but if there were three qualified candidates and I was the only disabled vet, then perhaps they are required under current fed statues to hire me over non-vets.

    More to the point, if they asked questions about my disability and did not do the same of the other candidates, or considered my disability answers when weighing all candidates, then again, I do believe it is wrong and should be certified as a valid complaint.

    Otherwise, I agree with you. I should not be hired for having a disability alone.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Possible Discrimination

    How do you know what they asked other candidates?

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