How can I prove I was turned down due to employer discrimination?
Question:
I applied for a job comparable to the one I currently hold. When I asked my supervisor why I wasn't offered the position, the answer was "no specific reason." I am a black female and the selected applicant is a white male, who is less qualified than I am. I believe my race may have factored into the decision. How do I go about fighting this? Do I have grounds for a lawsuit?
Answer:
You may have grounds for a lawsuit if you can get your hands on some very specific evidence -- such as memos, emails, comments, or patterns of hiring behavior -- that proves that your employer has discriminatory hiring practices. This evidence is hard to come by, as most employers these days have enough moxie to keep even their most discriminatory motives under wrap.
It sounds as if your employer is being characteristically close-lipped about why you were not hired -- and the law does not require employers to give any explanation at all. It doesn't necessarily mean your employer had a discriminatory motive, so you'd be wise to seek out a sympathetic ear within the company and explain that you feel stymied in your attempts to advance to another position. Try to set aside your past feelings of rejection. Avoid mentioning why you feel the person they hired for the job you wanted is a bad fit for it; you could be mistaken for a gossip or a hoister of sour grapes. Ask instead for one thing: advice on what you might do to get ahead or move to another position you would rather have.
If, however, you truly feel you are the victim of discrimination, check your employee handbook to see if there is a process for expressing such concerns to your employer. You might also ask for a confidential meeting with someone in your human resources department so that you can explain your concerns and ask for some answers.
If all else fails, consider filing a complaint with your local office of the Equal Employment Opportunity Commission (EEOC), the federal agency that enforces federal antidiscrimination laws, or with your state's fair employment agency, which is the state agency that enforces your state's fair employment laws. If either agency chooses to investigate your complaint, it can ask your employer to give the reasons behind its decision to not offer you the position that you wanted.