Have I been discriminated against?

Question

I recieved a call from our local gas station on Friday to tell me that if I still wanted a job that I had one with this company. I agreed to take the job and we agreed that the best time to start training me was going to be on Sunday afternoon. Then on Sunday morning the manager of the gas station called to tell me not to bother coming into work. She said that she had found another person to work there, in the position I was to have. The reason she gave me for choosing this other person was that they WERE NOT a college student and she would not have to work around their class schedule. When she interviewed me she knew I was a student, when she called me to give me the job she knew I was a student. Was I discriminated against? I live in Michigan & have reviewed our EEOC's web-site, but I'm not sure if it can be classified as discrimination, HELP!

Answer 1

The first problem is if you have proof that you were offered the job. Next is if you were to be able to prove that she stated that the job offer was not open to you (later) because you were a student.

If you can prove those two points, then proceed with at least a complaint to the employment department. You may find out others have had the same experience. If not, then you may set a history for someone else that may experience the same thing in the future.

I am not sure about your local laws so this is the best information I can give you.

Answer 2

I wasn't around 50 yrs ago. However, I was around 40 yrs ago. There have been no 'legal' rulings that I know of done "in the name of God". The judicial system doesn't allow religion in their doctrine. Today, it isn't even allowed in school (it still was when I was in school). I wasn't a "victim" of racial discrimination, but I was bullied because I had an "accent", couldn't speak proper English and was dressed 'poor'. So what? Kids do that. I wasn't a "victim" of anything. That is the problem. People feel that if they are a 'target' of some kind, they automatically become a victim. Boo hoo. Yeah, and kids nowdays run their households, not the parents. Oh what a great set-up that is. No wonder kids and parents are murdering each other - there is only ONE master per household and everybody is trying to be it! When the Jews invaded Jerusalem in 1976 and took over the city, the Muslims who were already there fought back because the city was already occupied by them! They did not stand around and whine and complain about being victims! The war between them still continues, however, as far as I'm concerned, the Jews had no right to invade Jerusalem in the first place when it was already occupied by the Muslims. Three religions (Islam, Jews, Christians) now share Jerusalem, but with very little tolerance of each other. The Word of God IS absolute. Believers (those who are NOT religious) are not persecuting or discriminating anybody of "different sexual orientation". In the Bible, in scriptures 1 Timothy 1:10 and in 1 Corinthians 6:9 - God Himself condemns homosexual behaviour. Do not patronize those of us who recognize it for what it is. I've never believed that homosexuals are victims of anything other than their own depravity. As far as I'm concerned, the minorities being persecuted are not getting smaller and smaller. They are increasing to ridiculous proportions because the world's so-called 'society' allows it to happen.

Answer 3

Discrimination only occurs where a person who is part of a "protected class," usally meaning someone who is discriminated against due to their age, sex, disability, ethnicity, race, and, in some states, sexual orientation is treated less well than someone who is not a member of a protected class BECAUSE they are that age, sex, race, etc.

She didn't hire you because of your class schedule. College students are NOT part of a protected class (every state's laws are different, but this would be the first time I'd heard of this being true). All states have "employment at will" preferences, which means that unless they sign a work contract with you for a specified period of time, you can quit whenever and they can fire you whenever. She decided to fire you before you started, she has legal right to do it because her reason for doing it (i.e., your schedule) was not based on your sharing any of the "protected class" characteristics.

Answer 4

Actually yes it is.

"dis·crim·i·na·tion (d-skrm-nshn) KEY

NOUN:

The act of discriminating.
The ability or power to see or make fine distinctions; discernment.
Treatment or consideration based on class or category rather than individual merit; partiality or prejudice: racial discrimination; discrimination against foreigners."

All she had to say was you didn't meet the hours they needed. By saying she was going with someone else because "you are a college student" doese mean that you were discriminated. She put you in a category.

Sad part is the job probably isn't worth fighting for but her reactions were wrong and no different than some one saying I decided not to hire you because you are not the right color.

Answer 5

you might consider it discrimination. or you could look at it as, she didn't have anyone else to fill position and was willing to work around ur schedule. once presented with a worker who would not take up as much time and effort she decided to make the switch.
Its not fair, true. But, to say discrimination came into this is a fine line. You might actually find that you dodged the bullet. If she's that unprofessional in her business dealings imagine how badly she would have managed you.
My suggestion is find an attorney who does free consultations. If it bothered you that much you should pursue it. good luck

Answer 6

I don't think you have been discriminated against assuming the manager told you the truth about her reasons for not hiring you. I don't think being a college student is a protected class. It is a practical matter of scheduling and the employer is not required to accommodate at student's schedule.

No employment written contract was signed saying your schedule would be accommodated, either.

Answer 7

Call the MI DOL and ask the question. If you were promised a job, planned your life around the job and were refused the employment then you may actually have a case of wrongful termination.

She offered you the job, you accepted the job so you may have been wrongfully terminated

Answer 8

Fair???No.

Discrimination?? No.

If the reason is that you were not able to work the hours she needed, then it doesn't matter what the reason is.

My guess would be too that at a gas station you would be subject to a probationary period and could be canned at anytime without notice or reason for about three months.

Answer 9

That wasn't discrimination; rather, it was a case of the other person's schedule simply working better with the boss's. It wasn't the nicest thing for them to do to you, but it's not a case for discrimination.

Answer 10

I don't think so....the thing is...Buisnesses have a way to get out of that....if they feel that hiring a certain person will hurt buisness they don't have to hire them....The other person was hired simply because they are able to work more hours and have a more flexibe time frame....a good reason as far as buisness goes....I do think it sucks because they had already call you and told you yes, then called back and said no.....a crappy thing to do, but not illegal...