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Minimum Qualifications/age discrimination
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Minimum Qualifications/age discrimination
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I am a healthcare dept administrator, which involves clinical and financial operations. Restructuring at my employer is consolidating depts and created an operations position over 3 depts and an admin
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Forums » Topic Forums » Legal Forum » Minimum Qualifications/age discrimination
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Minimum Qualifications/age discrimination
posted at 3/8/2011 5:36 AM EST
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Posts: 3
First: 12/23/2008 Last: 3/8/2011 |
I am a healthcare dept administrator, which involves clinical and financial operations. Restructuring at my employer is consolidating depts and created an operations position over 3 depts and an administrator over 3 depts. The ops position is 3 grade levels above mine and is higher pay. The min reqs were a bachelors degree and historically they have hired RNs with MBA. I have a Masters in health care Admin and was not hired for the job. They hired someone who has not finished their bachelor's degree yet and has less management experience. I am over 40, is this legal? |
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Minimum Qualifications/age discrimination
posted at 3/8/2011 5:41 AM EST
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Posts: 45
First: 1/13/2011 Last: 4/14/2011 |
Did you interview for the position?
There is no requirement to hire anyone simply because you are over 40. You haven't given us enough information to make any kind of a recommendation (no one here can make a legal call or give legal advice - just our opinion). Mine is go talk to HR or the decision maker, present your case and ask why. |
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Minimum Qualifications/age discrimination
posted at 3/8/2011 5:49 AM EST
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Posts: 3
First: 12/23/2008 Last: 3/8/2011 |
I did interview and was told by the chair's they would support me for the position. I talked with HR and that wasn't much help. The HR person was on FMLA when the hiring was done and she did not know that the hiree did not have a bachelor's degree. |
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Minimum Qualifications/age discrimination
posted at 3/8/2011 6:05 AM EST
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
Since we are after the fact your options are a bit limited.
The company is free to hire anyone they want as long as they did not discriminate against you because you are in a protected class. You could go to the EEOC and file a claim but these claims are easily rebuted as long as the company can show a valid business reason for their decision. Otherwise the advise given above about asking them to explain the decsion to you is the best way to go. You could also go back to the HR person ask if the person that is in the position had an offer contingent upon the background and college check. Since they did not have the credentials it is possible that they were not truthful or accurate in their emloyment application. If having the degreee is an absolute requirement then you may have solid grounds to make a formal protest out of this if you wish to. |
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