Question:
I was a clinical coordinator in our ED. The Assistant Nurse Manager position was created, and I interviewed, as well as 4 other coworkers. I was not selected for the position, and the reason for this according to the hiring Nurse Manager was because I have small children, which they believe limits my ability to work 24 hrs. On the contrary, I am available, as I can always find coverage. I feel that I was discriminated against because I have children. I have since resigned from the organization, but am wondering if I have any legal recourse?Signed,Jennifer
I was a clinical coordinator in our ED. The Assistant Nurse Manager position was created, and I interviewed, as well as 4 other coworkers. I was not selected for the position, and the reason for this according to the hiring Nurse Manager was because I have small children, which they believe limits my ability to work 24 hrs. On the contrary, I am available, as I can always find coverage. I feel that I was discriminated against because I have children. I have since resigned from the organization, but am wondering if I have any legal recourse?Signed,Jennifer
Answer:
Dear Jennifer, I am sorry you did not get the job. If you can prove that you did not get the position due to your small children, you have several possible recourses. Title VII, a federal law, prohibits employers who have 15 or more employees from discriminating against employees or applicants when making employment decisions (e.g., hiring, firing, promotions) when the employee or individual is a member of one or more protected groups: sex, race, color, religion or national origin. Title VII is enforced by the Equal Employment Opportunity Commission (EEOC). The EEOC has offices throughout the United States. Those office addresses are listed in the US Government pages of your local phone book.A second consideration would be to explore the state law against employment discrimination. As with the EEOC offices, the state agency that enforces the state law has its office locations listed in the state government section of the phone book.Because there are many prerequisites to filing a charge or case (e.g., statute of limitations, which agency to file with ‹ state or federal), the agency or court process is complex, and there are specificproof requirements, you should consult with an attorney in your state who handles employment discrimination cases.Best wishes,Nancy
Dear Jennifer, I am sorry you did not get the job. If you can prove that you did not get the position due to your small children, you have several possible recourses. Title VII, a federal law, prohibits employers who have 15 or more employees from discriminating against employees or applicants when making employment decisions (e.g., hiring, firing, promotions) when the employee or individual is a member of one or more protected groups: sex, race, color, religion or national origin. Title VII is enforced by the Equal Employment Opportunity Commission (EEOC). The EEOC has offices throughout the United States. Those office addresses are listed in the US Government pages of your local phone book.A second consideration would be to explore the state law against employment discrimination. As with the EEOC offices, the state agency that enforces the state law has its office locations listed in the state government section of the phone book.Because there are many prerequisites to filing a charge or case (e.g., statute of limitations, which agency to file with ‹ state or federal), the agency or court process is complex, and there are specificproof requirements, you should consult with an attorney in your state who handles employment discrimination cases.Best wishes,Nancy
