Expert: Michael Troy - 4/2/2008

Question
If I apply to a federal position and meet and exceed all the education and experience requirements for the job, but am turned down for an interview, does that constitute grounds for a discrimination case?  Here's some b/g info.: My name is very ethnic; and the list of languages I speak are clearly listed on my resume.  I've had a former co-worker with less experience and the same education get the same position three years ago; I've applied to similar positions and been turned down numerous times...

Answer
Hello,

I cannot provide any specific legal advice in what is a fact specific situation.  But in general, if you are qualifies for a position and are denied and someone of a different race or ethnicity gets the job, that could be enough for a prima facie claim.  Of course, the employer can then come up with some nondiscriinatory reason for the decision.  You would then have to show that the purported reason is wrong.

Employers can almost only conme up with some legitimate reason about why others were better or you were unqualified.  You have to hope the facts are such that a judge or jury will believe you over the employer.

If you want to pursue the matter, I would recommend having an attorney review the full record.  Most attorneys will give a free inital consultation and will take a good case at little or no cost to you since fees can be collected from the employer if successful.

I hope this helps!
- Mike