How do you know if you have been a victim of employment discrimination?

UPDATED: Aug 19, 2011

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How do you know if you have been a victim of employment discrimination?

I work for a computer firm that does remote tech support. I have worked for 2 years, most of which I was a temp. They recently advertised 2 positions on the company’s site and I applied for both since I know that I am qualified. However I have not even been sent a response or anything of that nature. I am from Africa and I see they have started to hire for the positions.

Asked on August 19, 2011 Massachusetts


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Here is the definition of employment discrimination:   employment discrimination is where a worker is treated different (typically worse) than others in the workforce due to their race, gender (sex), national origin, religion, age, or disability. It can take the form of an adverse action that affects an employee economically like, failure to promote, demotion, suspension, termination, or loss of benefits.  I am assuming from the information that you have given here that you believe that you are or have been discriminated upon based upon your race.  In order to prove the matter I think that you have to do more than sit and wait.  Although you did act affirmatively by applying for the position on the company site, approach the person you report to and inquire as to your application (or if there is an HR department inquire there as well).  Here is the thing: you are technically not an employee but a temp.  If you were placed by an agency there may be some issue with hiring you directly (the contract with the temp agency).  All this needs to be sorted out.  Once you have established that there is no real barrier to your being hired and they obviously like your work as they have kept you there for two years, seek consultation from an attorney in your area.  Good luck to you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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