Is being excluded from the hiring process for a federal position grounds for legal action?

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Is being excluded from the hiring process for a federal position grounds for legal action?

I applied for an ATC Trainee position in the FAA for which a limited number of offer letters are given. I was required to take a test as part of the prescreen, but there was an error with test and I my scores weren’t received. It was not confirmed that I needed to re-test until after offer letters were being sent out. I was forced to retest and because of the delays the FAA has met their target I will no longer be considered to receive an offer letter. When I received the notice to re-test it was very vague and when I inquired with the HR dept for clarification I was told to dismiss it. Further digging on my end is what confirm that my scores were lost. There are strict age

requirements and this is the last opening I can apply for. I am being excluded from the hiring process due to a clerical error. Is this grounds for legal action against the FAA?

Asked on February 18, 2018 under Employment Labor Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is no automatic right to be hired. Unless this action is the result of some form of legally actionable discrimination, you have no claim here. In other words, if your treatment was not due to your race, religion, disability, gender, age (over 40), nationality, etc. you have not been discriminated against. Additionally, unless your not being hired violated the terms of a union agreement or the like, your treatment was perfectly permissable.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, it would not be grounds for legal action. Remember: there is no right to be hired or to have/get a job, so as a general matter, there are no legal claims for not getting a job: you can only sue things you have a right to.
An employer cannot discriminate against applicants for certain reasons, such as race, national origin, or send but that's because there are specific laws barring those things. Since there is no law protecting you from clerical errors, however, there is no recourse given (as stated above) that there is no inherent right to a job.


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