Hiring by state assisted university

Over the past few years, the adminstration of a state-assisted university has repeatedly filled non-bargaining unit, unclassified positions (in other words, adminstrative positions)without an open and competitive process. In fact, there has been no visible process and when the HR department was queried, the response was "we are in compliance with the law."

Can a state-assisted university that advertises itself as an "equal opportunity employer" fill existing or new positions with internalcandidates, giving these individuals unqualified appointments (no designation of interim or acting) without announcing the vacancy and the intent to fill it and with no documented hiring process?

Basically, the current process seems to be that the president or one of his vp's, decides they want to place someone in a position and it happens. The contract is drawn up, the president signs and viola, the position is filled.

1 answer  |  asked Nov 3, 2010 11:44 AM [EST]  |  applies to Ohio

Answers (1)

Bruce Elfvin
There have been distinctions drawn for decades on who gets to compete for a position. The failure to advertise at all will create issues with the equal opportunity employer designation, but it not an automatic violation. If positions that you are qualified for are filled by persons who are maginally or not qualified then you need to file a charge on this practice promptly. You can file with EEOC and use specific examples.

You can discuss this with an employment attorney near you. You can find one at www.oelasmart.net/derectory

posted by Bruce Elfvin  |  Nov 3, 2010 12:05 PM [EST]

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