Can i file a discrimination claim?
Okay guys so i applied to be a bridal consultant and i had an interview with the owner of the store after the interview she showered me with compliments saying i was the best interview out of 140 i dressed professionally said all the right things she was impressed by it and said i could have the job and my other job because it was part time. I told her i would fully commit to that job because my career goals matched that specific job title. Anyways she asked me to shadow her with some clients in the upcoming days she called days later and said the clients had cancelled to come in the following week for training that of which i did when i arrived she said the other manager had called in sick after the tour i left the store an hour after i left the store i was contacted via email by the other manager saying she heard my interview was perfect however she hired another candidate that week after i was already offered the job she stated she simply could not afford me which is bizarre i told her i had already came in for training she stated that the owner was not aware of her choice and called the owner to let her know. After I told her i would be calling the better buisness she told the owner the owner then called me after hearing from the the other manager about my plans she apologized repeatedly saying this was not her doing it was the other managers doing but her being the owner of the store should have first call. They hired a Caucasian female instead. I feel 100% discriminated against and would like feedback thank you
Dear Kayla, you would have to prove discrimination and judging by your situation, it was lack of communication on their part. Sorry for your misfortune. Hopefully the owner pays you for the time worked, but I would just move on. The fact that the owner has no weight says alot about this job. Good luck on your job hunt.
Unfortunately you can't prove why they decided to go with someone else... And unfortunately most businesses have the right to hire and fire at will... and it could be that the Caucasian girl that they hired had seniority because maybe she was someone's family or they had been previously trying to employ her and she was unavailable... There are a hundred different reasons why this might have happened and really you could try filing a discrimination suit but you probably wouldn't get very far because that was never really relayed to you as the reason why they decided to terminate your employment ... I'm very sorry that this happened to you and I feel your pain... But there's a reason for everything and God may have something different in store for you... He has a plan and a purpose for everything trust and believe that...
Yes it is strange however you dont have enough concrete proof to prove your case. Had you had time an thought this might happen you could have sent in a cacasian friend , an another hispanic friend an gotten witnesses an feed back .
The problem is proving discrimination. Had you been processed in on the company's payroll and administration yet? You would have to have substantial proof of evidence, and word of mouth does not constitute solid evidence.
While you may have passed with flying colors with the owner, management runs the business. The owner oversees the big operations.
Ya know Kayla,I got similar treatment one time."Bring your safety shoes you start tomorrow"she said.I get home and here's a message,"Oh I'm sorry the position was a already filled".These employers can't ask your age but they find out in the background check,hence I was not hired.Its a shitty world Kayla and I'm with you it was discrimination.Its beyond my comprehension why people think a persons nationality or ethnic or color or race has shit to do working a job.
Kayla, you're probably correct. If your story is accurate, it sounds like they liked the other person better. The problem is you can't be sure it was about race...it may have been but it is very hard to prove. There are many factors in making a hiring decision. If you feel you are CLEARLY more qaulified, you can file suit but I would trust an employment attorney for advice. Good Luck
Kayla,
I do believe you have a case. However, before filing a complaint, I would go over the details, first. For that business which I assume is a small business. Did the manager have authority to do the hiring? Or in all previous hiring, the owner has to approve the choice. This is important. Because if you file a complaint, the owner could come back and said that the manager overstepped her authority. As a consequence, she was disciplined. This incident was an isolated incident and not because of discrimination. Also, important is whether out of the 140 candidates was there a shortlist to choose the new hire. If there is, it supports the owner that the manager overstepped her delegated responsibilities. If there is no shortlist of candidates, your case will be stronger. It now looks like it was a deliberate choice.
If there is no short list of candidates, it looks like the manager offered you the job. However, for some reason, the owner fabricated the story to hire someone else. You also need to find out the qualification and experience of the person that replaced you. If you both are equal in experience and qualifications, you have a good case. If your experience and qualifications are better than hers, you have a strong case for prevailing in a complaint. If the other person has better experience and qualifications, you will lose if you file a complaint. By the way, Better Business is not where you file alleged discrimination claims. You file with your states labor agency. That is your state's government agency that enforces labor laws including alleged discrimination. You must filed with all the facts.
I'm sorry this happened to you. It sounds as if management did not communicate amongst themselves properly. I personally would move on and consider it their loss. However, I'm not in your shoes, and if you feel you were discriminated against for any reason, I would pursue it. Best of luck!
Hi Kayla, it sounds like you are that one step closer to your desired profession and dreams, but learn to play poker and determine what is truth, right and most important. Here is my two cents or Dime:
The ultimate say on employee hiring will be the manager. They will work closely with an employee and orient them in the position, role or job within any business.
It sounds as if the owner tends to be hands off on the HR portion and likes you for several reasons but they; he or she will not be the one working directly with you.
Managers tend to look at coach-ability factors and wether or not they feel the employee can stay in their role and not cross over into their managerial role opposing them with the owner and eventually they loose their job to an understudy. You are their competition!
It may sounds like discrimination to you but no one will ever admit it. There is always the "Duck" factor... "walks, talks and is..." The bottom line is that they can pay a highschool student less, have them goofer around, intimidate them and make them jump through all kinds of hoops before the student realizes they don't like working for that particular retailer or manager.
On paper and in person you are who they may need for future openings, potential growth and or management etc. you would have done well by taking the complement and fostering a relationship for future employment, mentorship or business venture.
An Owner thinks strategically and may have been talked out of hiring you, bullied or realize they have to keep the peace by taking on some other hire. It's all to keep things running smoothly. I never have time for answering questions when it's my money involved.
Be careful about throwing around the EEOC complaint and NIKE, just do it! You can apply and think about it later and get counseling inside of the offices, but obtaining proof is crucial.
In my opinion you dodged a seasonal bullet with that manager! I am meaning there would not be a job after a few months. There business has is some in-fighting, blaming and not taking ownership within the managerial offices.
Kayla, I know you are upset, disappointed and disgusted but keep in mind, a lot of these businesses already have someone in mind and simply go through standard procedures for hiring. However, it is of my personal opinion that your situation went farther than the norm. Additionally, I do not believe the Owner will go against the Manager's decision or vice versa. To answer your question: Can I file a discrimination claim? One must ask themselves 5 questions: (1.) Is it worth it? (2.) How much time do I have to invest? (3.)What am I attempting to accomplish? (4.)Will this change anything? (5.) Will this help me in the future in obtaining a job? You may also want to contact EEOC in your state for expertise advice. I wish you well and never give up the good fight!