Denied a position without reason.

My fiance has been seeking employment at a large discount retail store where I work. He put in his application and was called in for an interview. He made it through 2 interviews (I was put through 3) and was then told they would call him as soon as the manager reviewed the applicants. He was made to fill out a "survey" where there were "no right or wrong answers and it would not count against him." It was only after taking this survey that he was dismissed.

Also, he called them back asking about any openings that may be available, adding that even though he applied for a position in receiving, he would accept anything they felt suited him. In response to this phone call he was told "there are no positions opened that you qualify for. If any positions open up that you are qualified for, we will call you." Since I work in this establishment already, I know what positions are open. There are many positions open for "cart pushers", which are the people who walk out to the parking lot and gather baskets and then bring them inside, over and over, all day long.

This does not seem to be a job that requires any qualifications. Also, it is our understanding that they have to give him a legitimate reason why he wasn't hired. All they will tell him over and over again is that there isn't any positions opened that he qualifies for. Something doesn't seem right. I'm thinking there is some kind of discrimination going on here.

Is there anything we can do to take action about this? If so, who can we contact and what can be done? Help us please!

1 answer  |  asked Mar 15, 2001 8:29 PM [EST]  |  applies to Texas

Answers (1)

Margaret A. Harris
Employers can still be arbitrary in Texas

Unfortunately, Texas law does not require an employer to state the reason for not hiring an individual. So, you may never know why your boyfriend is not being offered a job. Texas is what is called an "employment at will" state, which means that the employer can make decisions on any thing or nothing. What do you mean by discrimination, though? Do you mean discrimination on the basis of race or sex or some such thing? Or do you mean unfair and singling out your boyfriend for no apparent reason? Because it certainly is illegal to refuse to hire someone if the reason is the person's religion, national origin, disability, sex, color, race, or age (if your boyfriend is over 40). Those are just about the only ways to get around this "employment at will" doctrine.

I wish I had better news for you, but we need better laws in Texas to protect individuals from arbitrary and unfair decisions.

posted by Margaret A. Harris  |  Feb 19, 2001 7:05 PM [EST]

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