Can I appeal to anti-discrimination laws as a non citizen?

Page 2 of 4 [ 54 posts ]  Go to page Previous  1, 2, 3, 4  Next

XenoMind
Veteran
Veteran

User avatar

Joined: 12 May 2014
Gender: Male
Posts: 684
Location: Absurdistan

16 Jun 2016, 9:46 pm

Chichikov wrote:
Essentially, that's what you're thinking.

Straw man.



XenoMind
Veteran
Veteran

User avatar

Joined: 12 May 2014
Gender: Male
Posts: 684
Location: Absurdistan

16 Jun 2016, 10:11 pm

Fnord wrote:
What are these "made up reasons"?


That's a very strange question. You must know if you ever dealt with HRs.

Fnord wrote:
Which country are you from?


Russia.

Fnord wrote:
What reasons do you give to want to work for them?


Well, usually I say that I don't give a flying f**k for their business and I just want money. /s

Fnord wrote:
In other words, all else being equal, you may very well be losing out to better-qualified people


You don't know that.



Last edited by XenoMind on 17 Jun 2016, 1:09 am, edited 1 time in total.

XenoMind
Veteran
Veteran

User avatar

Joined: 12 May 2014
Gender: Male
Posts: 684
Location: Absurdistan

17 Jun 2016, 12:52 am

AspieUtah wrote:
Here's the good news: Most major U.S. cities (and many small cities) have groups of lawyers who can advocate on your behalf such as the Legal Aid Society. To help find some of these groups near you, it is possible to contact your local American Civil Liberties Union chapter. It won't be able to help you pursue a lawsuit, but it will be able to tell you about the other local groups near you who can. Those groups should be able to review your claim and tell you if you might win (most don't win).

When all is said and done, you need to get a job quickly. That should be your first priority, not pursuing a lawsuit. Focus on that for now, and you can always pursue a lawsuit after you are employed. The trouble with any lawsuit is that you must have material evidence that you were treated unfairly, not simply that you weren't hired. I don't mean to be critical of you, but lawsuits are soul-crushing experiences.


Thanks sir, that's useful information.
I wonder if my business visitor visa makes me qualified?



XenoMind
Veteran
Veteran

User avatar

Joined: 12 May 2014
Gender: Male
Posts: 684
Location: Absurdistan

17 Jun 2016, 12:54 am

Sangsang wrote:
Maybe lots of equally qualified people applied. Maybe better qualified people applied.

I knew at least one guy who was hired at exactly the same interview, and whose qualification was by far inferior.



XenoMind
Veteran
Veteran

User avatar

Joined: 12 May 2014
Gender: Male
Posts: 684
Location: Absurdistan

17 Jun 2016, 1:04 am

kraftiekortie wrote:
Just come across as a "normal" person who has all these qualifications.

Well, I've spent lots of time learning how to play a "normal" person. I don't think that I can do any better. But when I'm too tired, deep in depression or solving complex tasks, I just don't have enough brain power to keep the mask on. And people freak out. Must be something in my facial expression or the voice.

And these damned job interviews seem to be designed to make the situation as humiliating and stressful for you as they can achieve without breaking the laws.
PS my favorite interview scene: https://www.youtube.com/watch?v=ZMqNbgZnNLo



Chichikov
Veteran
Veteran

User avatar

Joined: 27 Mar 2016
Age: 52
Gender: Male
Posts: 1,151
Location: UK

17 Jun 2016, 3:09 am

XenoMind wrote:
Chichikov wrote:
Essentially, that's what you're thinking.

Straw man.

Not in the slightest, I was simply putting your argument in simpler terms so you can see how ridiculous it is. Having been exposed to this you are saying I am using fallacious arguments. This is the basis of your complaint is it not? That you think you should have been hired, and that fact that you weren't means you have been discriminated againstso want to sue. ie "I think I am the best candidate but I have ASD so hire me or be sued". Everyone else here can see the folly of what you are doing, you can't because you are too close to the situation.



Chichikov
Veteran
Veteran

User avatar

Joined: 27 Mar 2016
Age: 52
Gender: Male
Posts: 1,151
Location: UK

17 Jun 2016, 3:45 am

XenoMind wrote:
Sangsang wrote:
Maybe lots of equally qualified people applied. Maybe better qualified people applied.

I knew at least one guy who was hired at exactly the same interview, and whose qualification was by far inferior.

If qualifications were the most important thing then there wouldn't be job interviews, you'd just submit your CV\resume and they'd decide from that. Employers used all kinds of things to decide who to employ, including who they think will be a fit for their team and work practices.



GiantHockeyFan
Veteran
Veteran

User avatar

Joined: 18 Jun 2012
Age: 43
Gender: Male
Posts: 3,293

17 Jun 2016, 12:47 pm

XenoMind wrote:
Well, usually I say that I don't give a flying f**k for their business and I just want money. /s

This is a joke thread. Right? NOBODY can possibly be that dumb.

I or anyone else would have to be utterly insane to hire someone who says this! I like honesty but wow.



XenoMind
Veteran
Veteran

User avatar

Joined: 12 May 2014
Gender: Male
Posts: 684
Location: Absurdistan

18 Jun 2016, 12:11 am

Chichikov wrote:
I was simply putting your argument in simpler terms


You didn't.

> I think I can do the job

Not true. I know I can do the job, and I have facts to support this.

> I don't know anyone else going for the interview

Not true.

> I know I'm the best

Not true.



XenoMind
Veteran
Veteran

User avatar

Joined: 12 May 2014
Gender: Male
Posts: 684
Location: Absurdistan

18 Jun 2016, 12:13 am

GiantHockeyFan wrote:
This is a joke thread. Right? NOBODY can possibly be that dumb.
I or anyone else would have to be utterly insane to hire someone who says this! I like honesty but wow.

I even put a sarcasm tag there. Sigh.



XenoMind
Veteran
Veteran

User avatar

Joined: 12 May 2014
Gender: Male
Posts: 684
Location: Absurdistan

18 Jun 2016, 1:30 am

Chichikov wrote:
If qualifications were the most important thing then there wouldn't be job interviews

So first you wrote that I must lack required qualification, and then you wrote that qualification doesn't really matter. Red herring.



Chichikov
Veteran
Veteran

User avatar

Joined: 27 Mar 2016
Age: 52
Gender: Male
Posts: 1,151
Location: UK

18 Jun 2016, 6:13 am

XenoMind wrote:
Chichikov wrote:
If qualifications were the most important thing then there wouldn't be job interviews

So first you wrote that I must lack required qualification, and then you wrote that qualification doesn't really matter. Red herring.

I don't think I said either of those things, so who is building straw man arguments now.

It seems you are playing word games to avoid facing up to the basics of what you are suggesting. So I've taken your feed back on board and how about this;

"I think I deserve the job and if I don't get it it must be because you are discriminating due to ASD, so I get the job or I sue"

That is the bare bones of your argument, that is the core of what you are saying.



Chichikov
Veteran
Veteran

User avatar

Joined: 27 Mar 2016
Age: 52
Gender: Male
Posts: 1,151
Location: UK

18 Jun 2016, 6:27 am

XenoMind wrote:
Not true. I know I can do the job, and I have facts to support this.

You can't possibly know. You might have the qualifications for it, you might have a good idea you can do the job, but you can't know for sure.

XenoMind wrote:
> I don't know anyone else going for the interview

Not true.

That's irrelevant, again you're playing word games. If you new every person that went for the job you'd maybe have a point.

When I was at university we had to take a year out to work in the industry. In terms of course marks I was one of the best students in the whole year. However I couldn't get a job. I was going for the same jobs that my fellow students were, students far worse than me in terms of ability, and they always got the job before me. This is because employers don't just care that you can do the job. That might seem odd to you, but that is how NTs think. To them you need the whole package, you need the technical skills as well as the "soft" skills...they want someone that can work well with other members of the team, people with good communication skills, good people skills, people who are personable and likeable. Effectively, people who are like them. If you don't come across as well in an interview as someone who has similar (or even less) technical skills then some employers will bend toward that person if they have more of the "complete package".

Anyway, I'm done with your silly semantic games, and I'm done with this thread now. Take my advice (I work short-term jobs, I need to get two to three jobs a year so I have a lot of interview and job-getting experience), use your energy to improve your interview skills, improve how you come across as a person. Learn to fake it...yeah, that's right. If you want to live in an NT world you need to play their games. Alternatively you can use your energies trying to change the world as an ASD warrior, and trying to sue because life didn't go your way....boo hoo. It's your choice.



Fnord
Veteran
Veteran

User avatar

Joined: 6 May 2008
Gender: Male
Posts: 60,951
Location:      

18 Jun 2016, 9:28 am

XenoMind,

You seem to be trying to argue your way into a job through this thread. As an employer, let me tell you that if you behaved this way on the job, you would be sacked in very short order. Contentiousness is a job-killer. So is not knowing when to accept defeat or rejection.

Take it from me: You would be better off to surrender your grievances, re-assess your own marketability, adapt to the America job-market (it differs from the Euorpean one), and keep trying. Some people go through the interview process dozens (if not hundreds) of times before they're finally hired.

The ones who winge on about how tough it is usually take longer to get hired, if they get hired at all.

Good luck!


_________________
The mere fact that science may not yet adequately explain an object, event, or experience does not mean the immediate explanation should automatically default to a conspiratorial, extraterrestrial, paranormal, or supernatural cause.


Sangsang
Yellow-bellied Woodpecker
Yellow-bellied Woodpecker

Joined: 30 May 2016
Age: 45
Gender: Female
Posts: 50

18 Jun 2016, 10:19 am

Quote:
To them you need the whole package, you need the technical skills as well as the "soft" skills...they want someone that can work well with other members of the team, people with good communication skills, good people skills, people who are personable and likeable. Effectively, people who are like them. If you don't come across as well in an interview as someone who has similar (or even less) technical skills then some employers will bend toward that person if they have more of the "complete package".


Soft skills matter?!? OMFG, call the media and the American Civil Liberties Union! Employers are hiring folks that are pleasant o deal with, if it's an option. It's also safe to assume some employers are willing to trade off a little bit in technical skill in order to hire a pleasant staffer.

This doesn't doom the folks with few soft skills to unemployment. In my experience, it does mean that your technical prowess needs to exceed, BY FAR, the pain-in-the-ass-ness of dealing with your lack of social skills to get hired.



BirdInFlight
Veteran
Veteran

User avatar

Joined: 8 Jun 2013
Age: 64
Gender: Female
Posts: 4,501
Location: If not here, then where?

18 Jun 2016, 10:40 am

Are you a non-citizen already living in the US and applying for jobs, such as in the case of someone who already holds legal status as a resident alien? Or are you now at the current time living outside the US, a citizen living in your own country but applying for US jobs that will mean you can move to the US for that job?

If it's the latter, and you want to file a discrimination suit, I would say don't bother. Trying to file a lawsuit in the same country you're already in is stressful enough. Attempting to file it from the other side of the world will be more trouble and expense than it's worth.

Also, even in one's own country, when applying for jobs, myriad things play into the reasoning behind someone choosing not to employ you.

And yes some of those reason might be a cover up to the fact that they are put off by something they're officially not supposed to discriminate against, like a disclosure of Asperger's.

But when you think how hard it is to establish proof of that type of discrimination even in your own country, how much harder will it be to try to take to task a company 6,000 miles away? And to prove that that's why you never heard back or got turned down?

Just move on -- this stuff probably happens all the time and there's not much anyone can really do about it, being that the company can always prove other reasons.