Job discrimination. File a lawsuit?

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XenoMind
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02 Aug 2015, 2:31 am

Anachron wrote:

I wish someone would have told me these things when I was your age.

How do you know my age?

XenoMind
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02 Aug 2015, 2:36 am

Fnord wrote:

Internal documents, memos, emails, hand-written notes, video and/or audio recordings, et cetera.

Heh. My name is not James Bond.
I wonder if any of us ever succeeded in such a lawsuit?

ok
Deinonychus

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02 Aug 2015, 11:08 am

XenoMind wrote:

Fnord wrote:

Internal documents, memos, emails, hand-written notes, video and/or audio recordings, et cetera.

Heh. My name is not James Bond.
I wonder if any of us ever succeeded in such a lawsuit?

I have never heard of anyone suing a company for not hiring them. But I suppose it happens.
If you are a member of a trade union, you can contact them and ask for help. Perhaps they know something.

I know it hurts a lot to be rejected. I completely understand your feelings. Remember, getting a job interview is always a win for you. You were very, very close to the job. Keep applying for other jobs.

Rudin
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02 Aug 2015, 7:14 pm

XenoMind wrote:

I applied for a job in a US company 3 or 4 times and every time I was rejected after a personal interview, despite I'm 100% sure I was a perfect fit for those positions.
1. Do you think it's possible to file a lawsuit (and win it) against that company?
2. If yes, is it still possible if I'm not a US resident?

Unless you have proof it was related to your disability, not a damn chance for both.

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XenoMind
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02 Aug 2015, 10:19 pm

ok wrote:

Remember, getting a job interview is always a win for you.

I don't find it difficult at all.

ok wrote:

You were very, very close to the job.

Nope.
And I already have a job.

XenoMind
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10 Aug 2015, 9:48 am

Talking about proofs... what if the process of interview includes tests that an Aspie just can't handle well, and these tests aren't really related to the job - can this be counted as a proof?

Fnord
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10 Aug 2015, 8:46 pm

XenoMind wrote:

Talking about proofs... what if the process of interview includes tests that an Aspie just can't handle well, and these tests aren't really related to the job - can this be counted as a proof?

Who determines whether or not they're related to the job?

Many companies give the Myers-Briggs test. It does not measure your job skills, but is given to classify you by your personality.

Extraversion vs. introversion (E or I)
Sensing vs. intuition (S or N)
Thinking vs. feeling (T or F)
Judging vs. perception (J or P)

So, if you are INTJ, and the company is looking for ESFP, then you will likely be passed over, and this is perfectly legal! Companies are looking for people who can "fit in" and get along with everybody else, not just people who can do the work.

Once your Myers-Briggs results are on file, they can be used to determine whether or not you will be hired and even considered for the job, no matter how many degrees you've earned since your first application. Again, this is perfectly legal.

XenoMind
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10 Aug 2015, 11:48 pm

Fnord wrote:

Who determines whether or not they're related to the job?

I don't know

However, there must be some reasonable limitations of what the employer can require from candidates, mustn't they?

Fnord wrote:

Companies are looking for people who can "fit in" and get along with everybody else

I'm pretty sure this doesn't apply to many of minority activists at all.

XenoMind
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27 Apr 2016, 10:44 am

So, according to this research people with any kinds of mental issues are completely unprotected against job discrimination.

ok
Deinonychus

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27 Apr 2016, 11:03 am

XenoMind wrote:

So, according to this research people with any kinds of mental issues are completely unprotected against job discrimination.

If you are a member of a trade union, you can ask them for advice. It all depends where you live and whether you have a formal autism diagnosis or not. In Denmark there are certain laws protecting the disabled in the work place.

The thing is, most of this legislation only works if you have a job. Suing people for not hiring you is possible, but you need a very good lawyer to win this kind of case.

Anyways, where do you live, and are you a member of a trade union?
And can you tell us more about the job interview? If they were VERY rude to you, they're morons and you were too good for them.

oldandscared
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01 May 2016, 4:59 pm

Put your bigboy pants on and get off your pitty party and keep looking. You didnt get chosen. BFD. Thats life. Try being 59 going on interviews with years of experience and being given ludicrous reasons they wont hire you. None of which have anything to do with can you do the job or not.

XenoMind
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31 May 2016, 11:49 pm

oldandscared wrote:

Try being 59 going on interviews with years of experience and being given ludicrous reasons they wont hire you.

Nice plan /s

ok
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02 Jun 2016, 5:44 am

XenoMind wrote:

oldandscared wrote:

Try being 59 going on interviews with years of experience and being given ludicrous reasons they wont hire you.

Nice plan /s

Well, there are many unfair rejections and suing a company isn't a completely crazy thing to do, if you really feel discriminated. In the United States they sue each other for the craziest things, so I guess it happens sometimes. It's just very unrealistic to ever win such a case, because your lawyer needs to be the best of the best, and you need solid proof that they discriminated you, i.e. a rejection letter saying "you're autistic and we don't like you", literally.

Like I said earlier, you can contact your trade union and ask them for advice. You could also try any local autism group or organization. That goes for oldandscared as well.

Fnord
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02 Jun 2016, 6:20 am

Funny thing about trade unions ... unless you were already a member before you lost your job, they don't want to know you. Also, trade unions are set up for "blue collar" workers, and not for degrees professionals or tech workers. A 59 year old man looking for work without a degree has very little chance of finding work unless Wal-Mart is hiring greeters.

ok
Deinonychus

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02 Jun 2016, 10:10 am

Fnord wrote:

Yeah, I know trade unions are not that powerful in the US. In Denmark they have a lot say, and secure rights for everyone, including paid vacation for everyone, three months notice before getting fired and 37 hour working week. So why don't you have the same things in the US? Well, because you vote right wing.

Fnord
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02 Jun 2016, 12:28 pm

ok wrote:

... trade unions are not that powerful in the US. In Denmark they have a lot say, and secure rights for everyone, including paid vacation for everyone, three months notice before getting fired and 37 hour working week. So why don't you have the same things in the US? Well, because you vote right wing.

The main reason is because unions have been anti-intellectual and focused on semi-skilled, blue-collar laborers (i.e., assembly-line workers, farm workers, hotel workers, truckers, et cetera) since their inception. When the technical revolution hit in the 1970s, American labor unions weren't interested in representing the technical workers (e.g., those with Associate's Degrees in electronics, networking, programming, et cetera), and when those jobs multiplied, the unions ignored them in favor of workers who worked more with their muscles than with their brains - the very definition of labor.

According to the U.S. Bureau of Labor Statistics ...

Quote:

The union membership rate -- the percent of wage and salary workers who were members of unions -- was 11.1 percent in 2015, unchanged from 2014, the U.S. Bureau of Labor Statistics reported ... In 1983, the first year for which comparable union data are available, the union membership rate was 20.1 percent, and there were 17.7 million union workers.

This means that only one out of every nine employed Americans is in a labor union. This is not surprising, since the U.S. is not a Socialist state ... nor does it need to be.

Source: Bureau of Labor Statistics

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