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Friday, May 9, 2014
Carolinas Healthcare System Accused of Failure to Promote
In a race discrimination claim involving the failure to promote, an employee plaintiff must show the following.
1) Employee is in a protected class.
2) Employee applied for the position.
3) Employee was qualified for the position.
4) Employee was rejected for the position.
5) The position was filled by similarly qualified applicant outside of a protected class.
Supporting evidence is as follows.
1) About the employee:
My race is Black which is a protected class. I had five years seniority with Carolinas Healthcare System as a hairdresser when the budgeted hairdresser position became available.
2) Position posting and application for position:
I questioned Carolinas Healthcare System Human Resources why the hairdresser position had to be posted. Their response was that they prefer that all vacanies be posted. So I applied for the hairdresser position. The position description was so vague that the number of online applications had to be closed within a week because of the overwhelming response of applicants.
3) Employee qualification:
I was already successfully working some of the hours of the position in the interim while they conducted interviews. I even interviewed the candidate that got hired because I was filling in for my co-worker on the day of the candidate's interview. Of course, I had no idea that the woman was applying for the hairdresser position that I was inline for until the middle of the interview. This was a total conflict of interest, but it shows that the staff felt confident enough for me to interview the candidate, but my manager who is no longer with the company did not want to grant me the position.
4) Employee rejection:
I was interviewed briefly by my manager for the position. There was no one else in the room, but she and I. The "faux" interview lasted about three minutes. I do not even remember what we even talked about. I did not bring a resume because I was already an employee performing the work for the last five years. She was probably my fourth manager within five years. I naturally assumed that the extra hours that I was putting in showed my commitment to the position.
5) The position was filled.
So the White woman that I had interviewed got the position. She was one of the first people interviewed. She had a "desk job" at a different CHS facility. She could not begin the hairdresser position immediately because of her committment to the other CHS position. Of course, I discontinued working the extra hours which was overbearing on my other co-worker who had to take up the slack. I told my manager if she wanted me to work the extra hours, then all she had to do was just ask and I would help out again. Of course, she never asked. Why have me work extra hours when I was not good enough in her opinion to be granted the position.
Most HR professionals have advised me that Carolinas Healthcare System should have granted both me and the newly hired hairdresser budgeted positions. The positions were part-time positions. The salary range was around $9 per hour to $15 per hour max. Of course, why would a multi-billion dollar public organization create an extra part-time job position to keep the peace within the organization?
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