Job discrimination. File a lawsuit?

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XenoMind
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31 Jul 2015, 4:10 am

I applied for a job in a US company 3 or 4 times and every time I was rejected after a personal interview, despite I'm 100% sure I was a perfect fit for those positions.
1. Do you think it's possible to file a lawsuit (and win it) against that company?
2. If yes, is it still possible if I'm not a US resident?



ok
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31 Jul 2015, 5:59 am

No, it's perfectly legal to reject someone, and suing them would be a waste of time. Unless you have a lot of money and a really good lawyer. I assume you don't.

Instead, you can move on and apply for jobs other places.

Or, contact the employer and ask them about the new employee, what is his or hers background and experience, and why they chose her/him. It could give you an idea of what you are up against.

If you don't live in the US, it could be a good idea to apply for citizenship and move there before you apply for jobs. It could remove the employer's reservations against you.

Good luck.



XenoMind
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31 Jul 2015, 6:10 am

> Instead, you can move on and apply for jobs other places.

So far, my result is 0 out of ~10 attempts. And I don't even count cases when I was rejected before the personal interview.

> If you don't live in the US, it could be a good idea to apply for citizenship and move there before you apply for jobs.

As if it was so simple :)

> It could remove the employer's reservations against you.

Well, in that particular case all candidates were from ouside of US.



zer0netgain
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31 Jul 2015, 6:28 am

ok wrote:
No, it's perfectly legal to reject someone, and suing them would be a waste of time. Unless you have a lot of money and a really good lawyer. I assume you don't.


And pretty much, unless you are a protected class that's en vogue at the moment, you need some pretty solid proof that their reason for NOT hiring you was based on a prohibited issue such as race, age, gender, religion, etc. Even if you had said proof, most times you STILL won't get anywhere.



XenoMind
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31 Jul 2015, 6:36 am

zer0netgain wrote:
And pretty much, unless you are a protected class that's en vogue at the moment


So I guess we aren't a protected class, actually.

zer0netgain wrote:
you need some pretty solid proof that their reason for NOT hiring you was based on a prohibited issue such as race, age, gender, religion, etc


I wonder how this can ever happen. I can't imagine a HR telling you "We aren't going to hire you because you're black, ahaha!! !"



Fnord
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31 Jul 2015, 6:48 am

Unless you can prove that you were rejected on the basis of Age, Disability, National Origin, Race/Color, Religion, Sex, or Sexual Orientation, you will have little or no chance to win your case.

If the HR people can prove that your application was rejected because you lack the required education and experience (as spelled out in the job description) then your chances are practically nil.



XenoMind
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31 Jul 2015, 7:02 am

Fnord wrote:
Unless you can prove that you were rejected on the basis of Age, Disability, National Origin, Race/Color, Religion, Sex, or Sexual Orientation, you will have little or no chance to win your case.

I wonder how you ever can prove that.



Anachron
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31 Jul 2015, 7:47 am

Nope. Tough luck. Get up and try again. Lawsuits are for people who are not willing to work. This is not the way to go. Nobody owes you a job. It is a dog eat dog world. You run with it or get out of the way. You won't get very many handouts. If you were in fact wronged, I'd think that you would have started with that. Just getting rejected is part of life, it is certainly not illegal. Sounds like you just need to improve your interview stratagy. It can be a nerve racking experience and you blew it. I have done this many times growing up. Learn more about how to conduct yourself in a job interview. There are many tricks that can sway people to suit you. It is practically an art form.



Fnord
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31 Jul 2015, 8:30 am

XenoMind wrote:
Fnord wrote:
Unless you can prove that you were rejected on the basis of Age, Disability, National Origin, Race/Color, Religion, Sex, or Sexual Orientation, you will have little or no chance to win your case.
I wonder how you ever can prove that.
No, I wonder how YOU can ever prove that. Unless you already have incontrovertible evidence that hiring discrimination occurred, you are unlikely to see your case get beyond the initial hearing phase.

If you're not qualified to do the job due to lack of skills and experience, or if someone else was hired instead due to their greater skills and experience, then you don't stand a snowball's chance in Hell of winning your case.

In fact, you may even gain an unwritten reputation as a whiner, a complainer, and a chronic lawsuit-filer among the businesses in your area, and then you may never work in that town again!

But what do I know? You would be better off to ignore us and consult a lawyer; preferable one who specializes in labor law.



XenoMind
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31 Jul 2015, 9:02 am

Anachron wrote:
Nope. Tough luck. Get up and try again. Lawsuits are for people who are not willing to work. This is not the way to go. Nobody owes you a job. It is a dog eat dog world.

Well, that's what I was afraid of. "Equal opportunity" is BS.



XenoMind
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31 Jul 2015, 9:14 am

Fnord wrote:
Unless you already have incontrovertible evidence that hiring discrimination occurred

And what this evidence can look like?



Anachron
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31 Jul 2015, 10:04 am

XenoMind wrote:
Anachron wrote:
Nope. Tough luck. Get up and try again. Lawsuits are for people who are not willing to work. This is not the way to go. Nobody owes you a job. It is a dog eat dog world.

Well, that's what I was afraid of. "Equal opportunity" is BS.

Opportunity is getting the interview. You got that, no BS.

Did you even make it to the good part?:
Anachron wrote:
Learn more about how to conduct yourself in a job interview. There are many tricks that can sway people to suit you. It is practically an art form.

You can take control of these situations.
Or, wallow in self-pity.
It is your choice.



XenoMind
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31 Jul 2015, 10:49 am

Anachron wrote:
Opportunity is getting the interview.


Try telling this to feminist activists. They must be more challenging targets for a troll than a socially-impaired Aspie like me.

Anachron wrote:
You can take control of these situations.


And you can get a Nobel prize in quantum physics. Why you haven't yet?



Anachron
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31 Jul 2015, 11:57 am

XenoMind wrote:
Anachron wrote:
Opportunity is getting the interview.

Try telling this to feminist activists. They must be more challenging targets for a troll than a socially-impaired Aspie like me.

Naw man, I wouldn't mess with them. I sincerely want to see you succeed. I am trying to help. I wish someone would have told me these things when I was your age. I am also Aspien. I know the difficulties first hand.

XenoMind wrote:
And you can get a Nobel prize in quantum physics. Why you haven't yet?

I am way too lazy. It was a very lucky guess that you knew I excelled in Superpositioning Mathemetics in college. My calculations were flawless.



MissMee
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31 Jul 2015, 5:20 pm

XenoMind wrote:
I applied for a job in a US company 3 or 4 times and every time I was rejected after a personal interview, despite I'm 100% sure I was a perfect fit for those positions.
1. Do you think it's possible to file a lawsuit (and win it) against that company?
2. If yes, is it still possible if I'm not a US resident?


1. No. While you may be qualified for the position, it is entirely possible that somebody else was better qualified than you each time.

2. Still no. I'm a U.S. citizen now (work sponsored my green card) - getting hired by a US company without US citizenship is a bit harder but not impossible. The company just has to want you badly enough to spend a year and $60-80k on an immigration lawyer to file the paperwork.



Fnord
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31 Jul 2015, 8:06 pm

XenoMind wrote:
Fnord wrote:
Unless you already have incontrovertible evidence that hiring discrimination occurred
And what this evidence can look like?
If you don't know already, then you probably have none.

Internal documents, memos, emails, hand-written notes, video and/or audio recordings, et cetera.

You could complain to the National Labor Relations Board, and let them sort it out; or you could hire a lawyer, and just go for a cash settlement.

Either way, expect to be "blacklisted" from every employer in the area once word gets out.