Do I have cause for a reverse discrimination suit?

I am an alumnus of a small private college in PA, and the son of an employee. The college has a very strong history of hiring alumni, children of alumni and children of employees first. I am both an alumnus and the son of a long-time employee. I have been seeking a position on their grounds crew. I was told that they required a drivers license, and that I register first with a specific employment agency which they use for their preliminary hires. I did both. I was assured by the employment director of the college that if I took these steps, there was a "good chance" that I would be the next person hired via the employment agency. The temp agency told me that all they required was a work request from the college for me to be submitted as an applicant. The college just hired someone else via the temp agency, without, as far as I am aware, even considering my application. The last six people hired in this department were all non-caucasian minorities. Would this fit the criteria for me to file a reverse discrimination lawsuit against the college?

1 answer  |  asked Mar 16, 2011 09:20 AM [EST]  |  applies to Pennsylvania

Answers (1)

Christopher Ezold
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, there is no such thing as 'reverse discrimination' under the law. There is only discrimintion, which covers you regardless of your race. it is illegal for an employer to treat an employee or applicant differently due to their race, national origin, gender, etc. If, compared to the people that were hired, you are an equal or better fit under the (legal) requirements for the position, and the hired persons are all non-Caucasian while you are Caucasian, you may have a claim for employment discrimination. Whether the hired persons were alumni, related to employees and how well they met the job requirements is important information to know for this analysis. Specific facts with regard to the extent and nature of the employer's hiring policies or history, especially with regard to hiring alumni and relatives of employees is also critical information.

These are all very fact specific issues; I'd need to know more to give you an accurate response.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
The Ezold Law Firm, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

posted by Christopher Ezold  |  Mar 15, 2011 08:34 AM [EST]   [ Wiki ]

posted by Christopher Ezold  |  Mar 16, 2011 11:41 AM [EST]

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