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

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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

Answers:

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

Answered 10 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.


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