Holtsville, NY asked in Employment Discrimination and Employment Law for New York

Q: If a person applies for a job and they are called for an phone interview for that company and Human Resources advises

that they interested in you and you follow all protocol by staying in touch etc. Then they decide to tell you the position has been filled and then you find out they reposted the job. Is there any bias here because they show interest in you and they tell you they filled the position and now it is reposted and they called you because they were interested in you for the job?

1 Lawyer Answer
V. Jonas Urba
V. Jonas Urba
  • Employment Law Lawyer
  • New York, NY
  • Licensed in New York

A: Why not apply for the reposted position?

Many say that it is a very tight job market. An employee's choice. The candidate they selected may have accepted a better offer or failed to show for their first day of work. Human Resources thought the position was filled and here they are. Or maybe they need a second person for a nearly identical role.

If they were interested in you the first time, they should be interested again. And you already phone interviewed so less work for them. Compare your credentials to the requirements for the job. If you believe that you are fully qualified again and are not even called maybe there was discrimination? An EEOC charge or a NYS Division of Human Rights complaint would likely reveal why you were not chosen a second time. Is your competition truly more qualified than you or with greater experience?

Every charging party or complainant needs a plausible theory. More than a guess or a hunch. A second try should reveal whether legitimate reasons support the selection. Keep application records, resumes, and ask questions when appropriate. Good luck.

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