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Sue or Take the L? Job Discrimination

 
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BeatriceBean View Drop Down
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    Posted: Feb 20 2013 at 1:54pm
My niece was interviewed for a position with about 70% travel to eastern Europe, mostly the former Soviet Union and Russia.
 
She had an excellent phone interview and was flown to the organization's headquarters for a panel.
 
Well, my niece is Black. Apparently the organization was unaware of this.
 
While no one on the panel directly stated that she wouldn't get the job because she's Black, she said that throughout the interview, panelists warned her that the skinhead activity is very strong in certain areas and if she would be concerned about her safety, if she were to get the position. They also mentioned that it would be a concern for them.
 
My niece did not get the job. She called to ask why and they said that while she was very impressive, they found a more suitable candidate.
 
My sister is a labor attorney and she believes that niece should sue on the basis of discrimination...if she was offered the job then she would have taken it.
 
I think that it would be hard to prove, especially since there could have been a more qualified candidate. I also think that the whole thing is a blessing in disguise, because I don't think any of us would want her in eastern Europe for 70% of the year.
 
Should she just drop it?
 
 
ETA: She's traveled to eastern Europe many times for a previous position and college travel. She had a previous run-in at a nightclub in Estonia, thus was fully aware of the potential hazards in taking the job. Knowing what she knows, she still wanted the position and would have accepted had it been offered.
 


Edited by BeatriceBean - Feb 20 2013 at 3:13pm
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SamoneLenior View Drop Down
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Post Options Post Options   Thanks (1) Thanks(1)   Quote SamoneLenior Quote  Post ReplyReply Direct Link To This Post Posted: Feb 20 2013 at 1:55pm

they def didn't pick her b/c she is black

not sure if she can sue though
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CuteNSweet View Drop Down
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Post Options Post Options   Thanks (1) Thanks(1)   Quote CuteNSweet Quote  Post ReplyReply Direct Link To This Post Posted: Feb 20 2013 at 1:59pm
Yeah they pretty much told her in the interview why they weren't going to hire her.  I hate ish like this, but it happens all the time.

See could sue, but its a her word against theirs type of senario first off.  Then what if the person hired had a gazillion years of experience.
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Post Options Post Options   Thanks (1) Thanks(1)   Quote BrownQtee Quote  Post ReplyReply Direct Link To This Post Posted: Feb 20 2013 at 2:01pm
I would take the L on this one. As a matter of fact, I wouldn't have wanted the position after hearing about the racist/skinhead activity I could possibly encounter. Blessing in disguise.
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Lonisha87 View Drop Down
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Post Options Post Options   Thanks (1) Thanks(1)   Quote Lonisha87 Quote  Post ReplyReply Direct Link To This Post Posted: Feb 20 2013 at 2:01pm
you'd have to see if the other person really was more qualified.
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Ladybird0724 View Drop Down
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Post Options Post Options   Thanks (2) Thanks(2)   Quote Ladybird0724 Quote  Post ReplyReply Direct Link To This Post Posted: Feb 20 2013 at 2:03pm
what could a person have that would make them a more suitable candidate than your sister, besides a diff skin color?

they knew when they saw her that they wouldn't hire her....that's why they kept trying to discourage her with "safety reasons," and i think it seems like a big reason they didn't hire her was b/c she could have been a huge liability ($$) for the company if something were to happen to her.

idk...it's a hard question. i would probably just advise her to move on, I think.
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Limalady View Drop Down
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Post Options Post Options   Thanks (2) Thanks(2)   Quote Limalady Quote  Post ReplyReply Direct Link To This Post Posted: Feb 20 2013 at 2:05pm
Will your sister represent her on a contingency basis? Most labor and employment attorneys won't do these cases on a contingency basis, but if your sister will represent her for free or on a contingency basis then she has nothing to lose. If she has to pay, she should take the "L" unless she is really passionate about it, since discrimination cases are hard to prove.

Edited by Limalady - Feb 20 2013 at 2:06pm
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StylingArabella View Drop Down
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Post Options Post Options   Thanks (2) Thanks(2)   Quote StylingArabella Quote  Post ReplyReply Direct Link To This Post Posted: Feb 20 2013 at 2:06pm
 Though I know subtle racism/discrimination is VERY hard to prove and nearly impossible to win, we should still try to let them know we can see through their tactics is every case. They had no right to mention nor try to educate your niece on the racism of Europe. It was out of line to bring up what MAY happen, it is your nieces job to educate herself on the subject matter. They are out of line, I believe she has a case.
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EPITOME View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote EPITOME Quote  Post ReplyReply Direct Link To This Post Posted: Feb 20 2013 at 2:08pm
well she can't sue unless she gets permission from the EEOC
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BeatriceBean View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote BeatriceBean Quote  Post ReplyReply Direct Link To This Post Posted: Feb 20 2013 at 2:11pm
Originally posted by Limalady Limalady wrote:

Will your sister represent her on a contingency basis? Most labor and employment attorneys won't do these cases on a contingency basis, but if your sister will represent her for free or on a contingency basis then she has nothing to lose. If she has to pay, she should take the "L" unless she is really passionate about it, since discrimination cases are hard to prove.
 
I hope she wouldn't have to pay. My niece is her daughter, which I failed to mention. Everyone else thinks that it would be a waste but her mother is encouraging her to move forward.
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