QUESTION
In a position for 22 yrs and was appointed Acting Dir. for 13 mon and then was passed over for the directorship b/c of my nationality do I have a case
Asked on Apr 30th, 2012 on Discrimination - Virginia
More details to this question:
For 13 months I was Acting Director with no extra pay and then the company decides to advertise outside. They picked a person that had no experience whatsoever in my field of employment and expected me to train him. They brought him in to offer him the job then found out he was a whistle blower in the state he was coming from. Then they decided to do a background check on him and decided not to give him the job. Then they offered the job to someone I would have to train b/c they don''t know anything about the field. I have done this job for 22 yrs. and I ran this dept. when the previous director was here b/c he was in and out of the office with personal problems and had Parkinson''s and finally management offered him a pkg. to leave b/c he could not function. I am from a different country but been in the USA since 1978 and I am a citizen. Just curious????
1 ANSWER
1 Award
You may have a claim for national origin discrimination if there is either direct evidence (statements by the decision maker about the claimant evincing national origin bias), or indirect evidence. Indirect evidence can consist of a showing that you were qualified for the position, were in the protected category (foreign national origin), were replaced by someone who is not in the protected category, and the employer's reason(s) for your non-selection are false and a mere pretext for national origin discrimination. It helps if the decision maker is not in the same protected category as the claimant.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
Answered on May 03rd, 2012 at 3:33 PM