Racist Job Interview

[Entrepreneur101]

Hey guys, just thought I'd share my story here, and if anybody can relate...

On Monday I got a call from a rapidly growing electronics company regarding my resume - they were very interested in me that they wanted to schedule an interview for the District Sales Manager position ASAP.

I am 22 years old, I don't mean to be cocky or vain, but even though at a young age, my resume is very, very strong and impressive - and they saw that, especially for people around my age. I didn't pass my resume to them, they found it online.

Anyways, this company said they loved my resume, and that even thought I don't have years and years of experience, they saw the proven track record of growth that I've contributed in all positions I was involved in. They saw I have great potential.

The first interview was with the HR Director - it went smoooooooth. She loved me, that she said she will definitely recommend and set the second interview ASAP. She was very honest and she said that they are currently interviewing 7 others, but she solemnly swore that I am the youngest, yet perfect match. So she had me come back the next day to meet the current District Sales Manager (who was being moved to a different state due to a promotion) and the head of the Test & Burn in Department.

So the next day I came back, I was NERVOUS but I aced the interview! These two new people lovedddddddddddddd me, that after the actual interview, we continued chatting for about 10 minutes, just plain chatting and laughing, nothing interview or job related........ I thought to myself "I got the job, I'm probably starting next week."

And then one of them got a call, he wasn't going to answer it but it was the National Sales Manager calling. He was in the area visiting the facility that day, and they figured since he's there, they told me that I might as well meet him. I said OK, not a problem, I can handle another big boss to interview me - it wasn't an official "interview" I guess they just wanna get his take/opinion about me. This was unexpected.

30 minutes later, this guy came. He's the owner's son. I looked at him and I already sensed that it is not gonna go good, he looked like as if he didn't really like me at all, I thought that maybe I gave a bad first impression, and thought I could change that. Our 1-on-1 discussion was roughhhh... He really drilled me with a bunch of question that was not even part of the job, he really made it hard so that I won't be able to answer them - but I managed to give great answers for each.

So after my talk with him - lasted about 20 minutes... I shook everyone's hand and I was on my way out. I walked out the room, they closed the door and I was on my way to my car and go home. I was thirsty so I decided to walk back and get a cup of water which was right next to the meeting room's door... While I was pouring the water, I heard the guy saying (he was speaking loud and as if he was really angry) about why I was even being considered for the position - then he asked everyone - - - '

"where is he from? what nationality is he? I don't trust him or his people, I don't care how good he is, I don't like him - - - find another candidate for this position - - - This is california, there's millions of "US" in this state" ...

I heard everyone defending me, but since he's the owner's son, his decision making is much superior than others.

I was really shocked when I heard it, I wanted to storm in and grab a chair and smash his face, but instead I immediately walked out the building and went home.

Two days later I got a call and well, guess what - - - I didn't get the job. I won't say what race they were and what race I am, I don't want to create a conflict on this site... But has anyone experienced this?

What should I do? I wanna go back and confront, but I don't think it will do anything..

Any take/opinion/advice/comments will be appreciated.

Thanks

[zharlene]

It really doesn't matter what race they are or what race you are: stereotypes happen all the time.

1 - Forget about it/move on.

2 - Arrange a meeting with the boss' son and tell him that you can prove him wrong (but say it in the nicest way possible) esp. if he's got trust issues.

Let's not forget that stereotype is inevitable. That guy is simply protecting his company so he's got every right to be cynical. If you are a foreigner to the country, they'll have to give you an expat's contract...I don't know about the US, but in most countries, a typical expat salary is more than the local people's salary (maybe he also had a problem with that).

[eternalsunshine]

if the owner's son is racist and his opinions matter so much in the company, you probably don't ever want to work for them anyways.

although if i were you, i would probably consult a lawyer to check whether or not you could sue them.

[RLorenzen]

Do you have any kind of evidence that he said what you say he said? If not, it will be difficult to make any kind of case against him.

[jasaunders]

I would disagree with several other posters. You have several grounds on which to file a claim with the EEOC in which discrimination took place.

1) You specifically heard comments in which the employer clearly is discriminating against candidates for the position. As most people noted however, it is your word against the employers. The positive thing is that if there were a bunch of other people in the room, do you think every single one of them is going to lie and defend the one guy's comments? Maybe, maybe not.

2) You're better case is when you say "He really drilled me with a bunch of question that was not even part of the job." This part is illegal and can be more clearly shown in a grievance filed with the EEOC and the employer will not be able to lie to cover this up. There are strict laws in the selection process for candidates and one of them is the relevancy of selection criteria to the job. It is the employer's burden to show that the selection criteria, including any questions asked, are relevant to the job to be performed. This has consistently been upheld by the supreme court and there are several landmark cases which are applicable to this (most famous is the Philadelphia Firefighter's selection test).

Of course, this is a personal decision you must make. You have to decide if you want to let it go or pursue it, as their are consequences with both. If you let it go, you'll more quickly put it behind you and find another job with an employer you will actually want to work for (you wouldn't have wanted to work for this guy anyway). On the other side, if everyone always "let it go" this type of behavior will continue. Are you comfortable with allowing this to happen, or do you want this guy to potentially face consequences for his actions?

If you want more information on human resources and discirmination laws, let me know. There is wrong information in this thread, your first step is not to contact a lawyer, because by law you can't file a lawsuit until you have given the EEOC 60 days to investigate your claim.

[JLeezer]

Excellent reply saunders. Any specific resources you can point the OP to other than EEOC website? I think that might be very handy for everyone.

[paul2145r]

Well, you can definitely call in the EEOC in this case, but it will still be difficult to prove. Usually, the company has to prove that they have not had a problem hiring minorities before. Companies like this that are run by bigots tend to have a few 'token' employees that will verify that everything is great.

Your best bet is to try and reach the owner of the company, and find out if this type of practice in encouraged in his company. Notify him that you will be contacting the EEOC, and see if things change. Just know that any sort of negative action towards them will almost guarantee that you won't be hired. It will, however, open the door for others to be placed in those positions. Your age, also, will keep you from being able to reap any benefits from this action. There is no such thing as 'ageism'... The discrimination laws do not really apply. All the company would have to do is show that people of your age and level of experience are not typically employed in a position of that magnitude.

What nationality are you, if you don't mind me asking? Are you a resident, or do you have a non-immigrant status? I have been working with international staffing and recruitment for some time now, and have seen plenty of cases where workers from other countries are not given the time of day. I myself was born overseas, and have had plenty of grief because of it. Then again, this was one of the things that pushed me to go off on my own.

[hockey97]

I would first ask the person who told you didn't get the job. Just ask them why you didn't get the job, you have a right to know. IF they don't give any explaination you can file a complaint of descrimination. The only evidence you can get here is not having an explanation to why you didn't get the job.
The evidence is really too weak for a lawsuit. The only thing I would do is file a complaint about the company so their image gets kinda hurt. That is all I see you can do.

Also I agree with some of the posts above. I think you should move on go to another company. If you work for them for any reason I am sure the owners son will make sure you don't enjoy working there.

I know a guy that had somewhat experince not like yours. He was working for a shop that sells software. He was so good that he didn't know the store owner was watching him and was going to give him a promotion to become store manager. So the store manager knew about this and one day told the guy I know that he is fired with no reason. The guy I know always went to that store to buy software ect. So after he was fired he found a job fixing old atries and nintendos. He later on about 3 years later went to the same store and knew people their that he worked with and they ask him why did he quit? They said the owner of the store was looking for you to give you a promotion but he and many of us were told that you quit. The guy I know told them that he didn't quit he was fired by the store manager.

So I guess when you work for someone you can get fired even if you were not the problem.

Good luck on your job search. I hope you find a company better than them.

[Entrepreneur101]

I appreciate everyones comments and advice. Everyone made a valid point to which what I need to do. I haven't decided exactly what type of action should be done yet, but I may have to come back and have a talk with this company. Filing a complaint and suing them with lawyers involved will cost too much time and money, I'm already busy as is...

I really did not need the job, I am currently self employed working full time and I'm doing great - but getting that job will not only be a major boost for my resume, but it will also be a great experience and also a challenge... And well, the pay will be GREAT.

Thanks for everyone's comments, I'll continue to read on!

[jasaunders]

Ok, I'm not going to go into detail here because people obviously ignore good advice and good responses when it slaps them in the face (Entrepreneur101 I'm not talking about you).

The fact of the matter is, lack of evidence or no proof is irrelevant here. The burden of proof is on the employer to show that their hiring practices do not violate federal law in regards to the relevancy of the selection criteria.

For example, Paul says "Well, you can definitely call in the EEOC in this case, but it will still be difficult to prove. Usually, the company has to prove that they have not had a problem hiring minorities."

This is incorrect in this form of discrimination. The company in this case has to prove that their selection criteria is not discriminatory. How do they do that? The company has to show that the criteria is relevant to the job being performed. The company cannot base their decision on questions they asked you which were not relevant to the job. Furthermore, they cannot ask you irrelevant questions which they are asking to no other candidates.

An example is the following: Most employers don't ask women if they have children during interviews. Why? Because unless they ask that same question to all male applicants, they are violating the law. Likewise, it is a violation to assume women are less likely to travel if they have children and make your selection accordingly. You must make clear the requirements for the job, through a thorough job analysis, and only then can the selection criteria be based on the job analysis.

One further point, you have no need to consult a lawyer, that's not your first step if you were to pursue this. It is apparently a big misconception as evidenced by the replies on this thread.

According to federal law, you must give the EEOC 60 days to investigate your claim before filing a lawsuit. The result of the EEOC investigation will determine what happens. The EEOC will have two outcomes:
1) They disagree that discrimination occured. At this point if you wish to pursue, you will want to speak to a lawyer. You can still file a lawsuit, but the EEOC won't be behind you and you don't stand much of a chance.
2) They will agree that discrimination occured. This leads to three outcomes:
a) The EEOC works with the organization to come to an agreement to take steps to eliminate discrimination and find a resolution.
b) The EEOC cannot reach an agreement with the organization and signs a letter in support of you filing a federal lawsuit.
c) Rarely, the EEOC will assist you in filing a federal lawsuit.


If you want more (correct) information on human resources and discrimination laws, let me know.

[byzantium]

I'd say contact the EEOC and get a record with them of your version of events. If you claim discrimination, then they usually HAVE to investigate. Nothing may come of it, but if enough people go on the record as having been the victims of discrimination in hiring by this company, the EEOC will get suspicious and do a full investigation. This may take years, so five years from now you may find yourself giving a deposition. Silicon Valley is FULL of immigrants, people from all over the world. I know, I've been there a number of times. If they keep denying immigrants/nonwhites (I assume they were white and you're not) jobs, then eventually it will come back to haunt them.

[Nigami Enterprise]

Ok, I'm not going to go into detail here because people obviously ignore good advice and good responses when it slaps them in the face (Entrepreneur101 I'm not talking about you).

The fact of the matter is, lack of evidence or no proof is irrelevant here. The burden of proof is on the employer to show that their hiring practices do not violate federal law in regards to the relevancy of the selection criteria.

For example, Paul says "Well, you can definitely call in the EEOC in this case, but it will still be difficult to prove. Usually, the company has to prove that they have not had a problem hiring minorities."

This is incorrect in this form of discrimination. The company in this case has to prove that their selection criteria is not discriminatory. How do they do that? The company has to show that the criteria is relevant to the job being performed. The company cannot base their decision on questions they asked you which were not relevant to the job. Furthermore, they cannot ask you irrelevant questions which they are asking to no other candidates.

An example is the following: Most employers don't ask women if they have children during interviews. Why? Because unless they ask that same question to all male applicants, they are violating the law. Likewise, it is a violation to assume women are less likely to travel if they have children and make your selection accordingly. You must make clear the requirements for the job, through a thorough job analysis, and only then can the selection criteria be based on the job analysis.

One further point, you have no need to consult a lawyer, that's not your first step if you were to pursue this. It is apparently a big misconception as evidenced by the replies on this thread.

According to federal law, you must give the EEOC 60 days to investigate your claim before filing a lawsuit. The result of the EEOC investigation will determine what happens. The EEOC will have two outcomes:
1) They disagree that discrimination occured. At this point if you wish to pursue, you will want to speak to a lawyer. You can still file a lawsuit, but the EEOC won't be behind you and you don't stand much of a chance.
2) They will agree that discrimination occured. This leads to three outcomes:
a) The EEOC works with the organization to come to an agreement to take steps to eliminate discrimination and find a resolution.
b) The EEOC cannot reach an agreement with the organization and signs a letter in support of you filing a federal lawsuit.
c) Rarely, the EEOC will assist you in filing a federal lawsuit.


If you want more (correct) information on human resources and discrimination laws, let me know.

What you say maybe correct, But it is not very practical. Why waste time and money when who would really want to work for a boss like that anyway.

Discrimination happens all the time wether it’s intended or not. I have seen people recruiting new staff who will throw a resume in the bin just because the name is to (different), or because you live in a town that they might not approve of. It’s very unfair.

It is also very hard for an employer not to discriminate or be judgemental. A lot of employers have been burnt in the past and might be very sceptical to employ a certain type of employee.


Unfortunately it’s wrong what they did and you do have a case, but don’t waste time on it, everything happens for a reason so go out their and find a better job and then go knock on the bosses door and say G’day remember me.

[ArslanB]

Man, same scenerio in my biz law class my teacher told me about. If those people you interviewed liked you I am sure they are willing to be witnesses especially if they were defending you... also if this guy has any other previous lawsuits involving racism (which seems a bit likely) the courts will use that as leverage as well. I think you have a great case, you should talk to a lawyer. Title VII of the Civil Rights Act of 1964 and its amendments prohibit employment discrimination against employees, job applicants, and union members on the basis of race, color, national origin, religion, and gender at any stage of employment. Best of luck to you, plus even if you don't want the job, this douche should be punished plus you may get a nice settlement check but money isn't everything. Be a hero and take a stand for all the others that had to deal with his racial let downs.

[jasaunders]

What you say maybe correct, But it is not very practical. Why waste time and money when who would really want to work for a boss like that anyway.

Discrimination happens all the time wether it’s intended or not. I have seen people recruiting new staff who will throw a resume in the bin just because the name is to (different), or because you live in a town that they might not approve of. It’s very unfair.

It is also very hard for an employer not to discriminate or be judgemental. A lot of employers have been burnt in the past and might be very sceptical to employ a certain type of employee.


Unfortunately it’s wrong what they did and you do have a case, but don’t waste time on it, everything happens for a reason so go out their and find a better job and then go knock on the bosses door and say G’day remember me.

As I said in my original post:

Of course, this is a personal decision you must make. You have to decide if you want to let it go or pursue it, as their are consequences with both. If you let it go, you'll more quickly put it behind you and find another job with an employer you will actually want to work for (you wouldn't have wanted to work for this guy anyway). On the other side, if everyone always "let it go" this type of behavior will continue. Are you comfortable with allowing this to happen, or do you want this guy to potentially face consequences for his actions?


Your question of "Why waste time and money when who would really want to work for a boss like that anyway."
Because some people don't want to just let things go. I'm not suggesting he would want to still work there. If everyone let things go, then people who are acting unethically and illegally will continue their behaviors.

There is a famous poem by Martin Niemöller that goes:

In Germany, they came first for the Communists, And I didn’t speak up because I wasn’t a Communist;
And then they came for the trade unionists, And I didn’t speak up because I wasn’t a trade unionist;
And then they came for the Jews, And I didn’t speak up because I wasn’t a Jew;
And then they came for me, And by that time there was no one left to speak up.

Some people think it is a moral obligation to speak up against the injustices of our society. If no one speaks up against this guy, he will continue to disrciminate and more people will be affected later on.

Like I said, the choice is up to him. It's not up to us and I think it is highly inappropriate that people are shooting advice off the hip about what he should do. I tried to present the facts and consequences of the actions he can take so he can appreciate the options available and make an informed decision.

I'm not saying he should report the problem to the EEOC. Nor am I saying he should let it go. I'm simply providing the facts and enabling an informed decision to be made.

[BusinessAdviser]

2) You're better case is when you say "He really drilled me with a bunch of question that was not even part of the job." This part is illegal and can be more clearly shown in a grievance filed with the EEOC and the employer will not be able to lie to cover this up. There are strict laws in the selection process for candidates and one of them is the relevancy of selection criteria to the job. It is the employer's burden to show that the selection criteria, including any questions asked, are relevant to the job to be performed. This has consistently been upheld by the supreme court and there are several landmark cases which are applicable to this (most famous is the Philadelphia Firefighter's selection test).

This is actually incorrect. The fact that he asked questions seemingly unrelated to the position is no grounds for a complaint. Rather, valid grounds must be that the decision was based on race, religion, sex, national origin, religion, or some other protected class. Questions unrelated to the job description are not prohibited, unless they show that the decision was based on one of these protected classes. The Philadelphia Firefighters' case violated equal protection because it set arbitrary requirements that were deemed to be solely made to exclude women. Random, unrelated questions, however "drilling" or "unrelated" they may be, are not grounds for a claim unless they exhibit a decision based on one of the protected classes.

As for the comments overheard by the original poster, this IS in fact a violation that could be grounds for a discrimination suit. Here's your problem though: It's your word against three "higher-ups" in a single company.

If it were me, I wouldn't waste my time. It's unfortunate that such discrimination exists today, but you're very VERY unlikely to win your case with just your word. However, it might be worth consulting an attorney to hear this for yourself.