Discrimination question. I’ve been passed for several job opportunities in the last 4 years. Every single time the job is given to a male who’s older than me, despite my qualifications being more in line with the job. Is it worth it to make a discrimination claim? I already know HR won’t help me but should I contact an attorney?

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Employment discrimination is extremely fact specific, and evidence specific. Do not seek internet advice.

Go talk to an employment lawyer that represents employees - they should do a consult for free, and work on a contingency fee basis. Good luck.

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Remember: HR is there to protect the company not you. Talk to employment lawyer. Follow AE1 advice.

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What would be the basis of your claim? Gender?

Yes, in the most recent instance- I have a specialized masters degree, 10 years experience and still the hiring manager picked a male counterpart.

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Do you think “Age” is the basis for discrimination? Is Age a topic discussed during the interview process? Did you receive any feedback after interviews were conducted?

Yes, gender discrimination & generally just treating me like they want to get rid of me. The last promotion I applied for the internal HR/recruiter told me that she had dozens of other people apply before me (over Christmas holiday). The req was still open… but she was extremely rude when I sent all of my portfolio, analytics reports to her the week we returned to work. They didn’t even interview me and I’m more than qualified for the job.

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It depends. You must ask yourself what outcome would make you the most satisfied? In a lot of cases, the person bringing the claim does so not solely for monetary compensation but rather to call attention to the company’s toxic ways. If you do have a solid case, they will settle, make you sign an nda, and the world will go on not knowing what theyve done to you. otherwise, they will drag you through the mud,
rack up huge attorney fees and pressure you to withdraw your claim on the basis of the possibility that they may ask you to pay their attorneys fees in the event that they prevail. If you are up for a lot of politics, burnt bridges, blackballing you to future employers who may
inquire about your employment, and a whole lot of additional physical and mental distress, then id go ahead and fight back. if this isnt your first rodeo at a toxic employer where you’ve seen how soul sucking it can be watching the best employees persist against the toxicity to the point where their health deteriorates, then I would use all the angst you feel for what theyve done to you and exert that extra energy in the search for a new job. I can relate to the feeling of not being able to stop spinning the wheels mentally - wired for justice. I wish you well!

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