TitleV11

Employment

14 posts in this topic

Hello,  I recently applied on a company website thru  indeed, online. The offered position is filling shelves wi the companies  products. I have years of experience all the way up into management. I filled out all necessary questions and their assessment qiestionaire. " I also checked the box for my age, over 55.  Also checked another , that I had a disability. The companies website kicks back their response;  " sorry but I wasnt chosen as their preferred applicant "  Is this a discrimination against me ?  Thank you 

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Okay, they did ask for answers on their assessment qiestionaire,  I disclosed my age and I have a disability. With years of successful experience in this field, I would've appreciated them saying that I'm over qualified.  It just seems they used my information to weed out a older,disabled worker !

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My 12th grade education tells me that it's posted all over , in plain site on their Company app and questionare forms.  ?  This is a worldwide company,  you'd think they'd reword or remove those misleading questions from their website !!  Thank you,  also the V"II"was taken when I signed, sorry..

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Many employers do not want to hire overqualified candidates for reasons that are completely unrelated to age or disability status. It is legal to refuse to hire overqualified candidates.

 

Try our your case here. Prove that it's because of your age/disability and not because you're overqualified.

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They said;  that " I didn't meet their preferred qualifications for this position at this time. Try back in 6 months "  I learned how to bag groceries 40yr ago. The job description is that simple. Keep in mind that I've stated my age and also I have a disability. 

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Keep in mind that seldom, if ever, are the responses you get from a website anything but a boilerplate response and have not been individualized. The algorithm that identified certain key words and kicked back the pre-programmed response did not re-write that response to you personally.

 

So, once again. Your proof that the pre-programmed response was reacting to age and disability and not to other key words in your qualifications?

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5 hours ago, TitleV11 said:

The offered position is filling shelves wi the companies  products.

 

Assuming that's a job that requires physical exertion, even the ADA doesn't mandate that any company hire somebody with a physical disability.

 

 

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And I agree completely. However once a company knows an applicant is over 55 and has a disability, they're not going to reach out and hire that individual. Regardless of any presidential mandate to be progressive in hiring people wi disabilities. It seems as a Avenue to weed out undesirables,  to manuever around our protective laws. For instance , a small business owner has 10 employees,  " in 5 different states providing the same business " .. They're abusing the civil rights laws of emplyees. Skirting around the employees given civil rights.  !!  At least theirs a name for that, " Administrative Jurisdiction " for argument purposes....

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You still have not provided me with any evidence that it is your age and disability, and not your over-qualifications, that triggered the pre-programmed response.

 

But if it will make you feel better, by all means contact a few lawyers. If they start turning cartwheels and don't even wait for you to leave the office before calling the nearest Mercedes dealer, you've got something. If they hem and haw and tell you that you've got something but they're too busy to take it on at this time, assume that's code for "you've got nothing - get out of my office and stop wasting my time".

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Those are great points you brought up.  I'm wondering if it would be incumbent upon this company to disprove, their not intentionally weeding out undesirables by these unusual questions..I also applied for a county job a few months ago, and they wanted me disclose my medical history, before I had my first interview, needless to say that I inquired about this before my initial interview,  of course I didn't get the job , checking tire pressure, oil levels on ambulances. Seriously  ? I guess I was overqualified, lol

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At least initially, the burden of proof is on you to prove discrimination, not on them to disprove it.

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