HELP.. Denied a job for not having a GC yet... Is this legal?

[Amadia 711]

14 minutes ago, Orangesapples said:

It's not whether we say discrimination or not, it's that the law calls it discrimination and it's illegal. You might say that a company may decide that hiring a woman or a gay person or a Muslim doesn't allign with its goals and needs but it's still illegal discrimination. 

Note I said "temporary situation" but....whatever.

I never said I was okay with the discrimination because, should this have happened 10yrs ago, none of this would even be given a second thought. Everything is so politically correct in 2018 that everyone has to walk on eggshells for fear of being labeled as "discriminatory".  

 

That is simply my opinion and I am not asking anyone to be in support of it.

 

OP, best of luck to you in your job search! 

 

[gregcrs2 1,778]

6 minutes ago, kvito28 said:

HR is in NY, I applied in NC. There is only 5 people in that office and the branch manager/hiring manager likes me. What do you think are the odds that I will have a decent work environment? I think pretty good.

People come and go all the time.  Perhaps the branch manager will not be there long at all.  

[GEOntificator 282]

7 minutes ago, florida racer 73 said:

I agree,  I was just simply try to point out that there could be ramafications that could have a longer and far reaching effect.

 

if the company had made a written offer and then refused because of not having a GC, well I could see a blatant case for her.

 

unfortunally, in the corporate emviroment, hr overides managers

How does discrimination after a job offer differ from discrimination before it? In both cases the reason of not hiring is the same, therefore, I do not really understand why this is so important. Now, if you suggest that the HR is going to lie and make up things then that is a different story.

Edited July 13, 2018 by kvito28

[florida racer 73 200]

3 minutes ago, kvito28 said:

How does discrimination after a job offer differ from discrimination before it? In both cases the reason of nor hiring is the same, therefore, I do not really understand why this is so important. Now, if you suggest that the HR is going to lie and make up things then that is a different story.

You keep saying discrimination, my question is, can you prove it in a court of law? 

 

If you truly feel that you were discriminated against, then you should be reaching out to lawyers to sue.

 

do you have a firm Written offer of employment from the company and then they decided to revoke the offer after finding your GC status?

[T_P 872]

Holy cow #2. 

[GEOntificator 282]

3 minutes ago, florida racer 73 said:

You keep saying discrimination, my question is, can you prove it in a court of law? 

 

If you truly feel that you were discriminated against, then you should be reaching out to lawyers to sue.

 

do you have a firm Written offer of employment from the company and then they decided to revoke the offer after finding your GC status?

So the bottom line is that you are asking me to prove something that we both know happened. Whether I can or not that is a different story and it is sad that I cannot. If I were rich, I would for sure.

Edited July 13, 2018 by kvito28

[Orangesapples 1,954]

9 minutes ago, Amadia said:

Note I said "temporary situation" but....whatever.

I never said I was okay with the discrimination because, should this have happened 10yrs ago, none of this would even be given a second thought. Everything is so politically correct in 2018 that everyone has to walk on eggshells for fear of being labeled as "discriminatory".  

 

That is simply my opinion and I am not asking anyone to be in support of it.

 

OP, best of luck to you in your job search! 

 

Discrimination laws in the US are much older than 10 years and they have nothing to do with political correctness (not a legal term) but with the rule of law. The law says it pretty clearly, there's literally no gray area, it's not a matter of opinion. 

[florida racer 73 200]

2 minutes ago, kvito28 said:

So the bottom line is that you are asking me to prove something that we both know happened. Whether I can or not that is a different story and it is sad that I cannot. If I were rich, I would for sure.

Good luck to you

[Amadia 711]

OP,

 

Get the EOC involved. No member on here can give you sound and legal advice.

[GEOntificator 282]

3 minutes ago, Amadia said:

OP,

 

Get the EOC involved. No member on here can give you sound and legal advice.

I already did. I asked them to make an informal call first to explain what EAD is and give them better info. If that does not help, then I was told to submit a charge, but there is no point of doing that unless I want to sue the company. Charges take 2 weeks to review and in case DOJ decides it is discrimination, then I have to proceed with legal action on my own. I do not have the money to do that.

[CheeseMonstah 87]

40 minutes ago, kvito28 said:

I do not think that people here are understanding where this is headed. When HR receives a call there are 2 ways that this can go...

 

1) They apologize to the DOJ first and then they lie and make up some reason to not hire me.

2) They apologize to the DOJ and try to rectify this situation.

 

If they choose option number 1, I am not going to bother fighting further as I do not have resources for that. However, I am pretty sure that they will get a some sort of official note from the DOJ about the issue which I am sure they do not want. 

Regardless, this is a lose-lose situation for you if they get a call from DOJ. You're early in your career. Take some career advice. There are others here like me who have a lot of experience in business/finance. This might be unfair, but its better to let it go and keep the doors open. Think long term, 5-10 years and what path gives you the most options, vs thinking about what you want NOW.

Edited July 13, 2018 by CheeseMonstah

[gregcrs2 1,778]

Wouldn't be surprised if the hiring manager eventually gets fired too.  

[CheeseMonstah 87]

Just now, gregcrs2 said:

Wouldn't be surprised if the hiring manager eventually gets fired too.  

If he takes OP side vs HR, then that's absolutely a likely outcome. But if he has any sense he'll just move on.

[Crazy Cat 42,230]

36 minutes ago, kvito28 said:

How does discrimination after a job offer differ from discrimination before it? In both cases the reason of not hiring is the same, therefore, I do not really understand why this is so important. Now, if you suggest that the HR is going to lie and make up things then that is a different story.

Rather than face a DOJ problem, they are going to explain that you misunderstood the reason you were not offered the job......and another person was more qualified.......

Have anything in writing?

 

This kind of thing happens every day....and more so in the area of age discrimination, imo.

Edited July 13, 2018 by missileman

[GEOntificator 282]

Just now, missileman said:

Rather than face a DOJ problem, they are going to explain that you misunderstood the reason you were not offered the job......because another person was more qualified.......

Have anything in writing?

 

This kind of thing happens every day....and more so in the area of age discrimination, imo.

I do. E-mails.