DISCRIMINATION FROM BEING HIRED AT A COAL MINE?

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Latest post 01-07-2011 3:39 PM by cbg. 19 replies.
  • 01-06-2011 5:10 PM

    • bradshaw
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    • PA
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    DISCRIMINATION FROM BEING HIRED AT A COAL MINE?

    HERES MY STORY. IVE BEEN TRYING TO GET A JOB AT 1 OF SOUTHWESTERN PA`S LARGEST COAL MINES FOR A LITTLE OVER 5 YEARS, WHEN THEY FIRST STARTD TAKING APPLICATIONS IN AUGUST OF 2005. IN THOSE 5 YEARS, I HAVE RELIGIOUSLY UPDATED MY APPLICATION W/ THE COMPANY, TO STAY ACTIVE IN THEIR HIRING PROCESS. IM AN EXPERIENCED MINER BUT, I ALSO HAVE A FELONY FROM 16 YEARS AGO, WHICH I ONLY RECEIVED PROBATION & 30 DAYS HOUSE ARREST FROM.

    FINALLY, IN AUGUST OF 2010, I FINALLY HAD AN INTERVIEW FOR THIS COAL COMPANY, BUT, WAS DENIED EMPLOYMENT. THEIR REASON WAS, THEY WERENT HIRING ME BECAUSE THEY HAD MORE SUITABLE APPLICANTS.

    IN THESE PAST 5 YEARS, THIS COMPANY HAS NOT ONLY HIRED 100s OF MINERS EXPERIENCED & NOT EXPERIENCED, BUT THEY HAVE ALSO HIRED MANY CONVICTED FELONS, SOME OF WHICH HAVE JUST RECENTLY ( IN 2010) BEEN RELEASED FROM STATE PRISON FROM EVERYTHING INCLUDING DRUGS, MULTIPLE DUI`S & MANSLAUGHTER.

    DO I HAVE A CASE TO MAKE? IM NO LAWYER, BUT, TO ME THIS SEEMS LIKE BLATANT DISCRIMINATION. ARE THERE ANY LEGAL COURSES I CAN TAKE IN THIS MATTER?

  • 01-06-2011 5:13 PM In reply to

    What discrimination?

    By your own admission they have had many, many applicants. They are not obligated to hire you just because you keep applying. You have given no indication that there is any illegal discriminatino involved.

  • 01-06-2011 5:19 PM In reply to

    • bradshaw
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    • PA
    • Posts 6

    Re: What discrimination?

    BUT WHY ISNT IT DISCRIMINATION WHEN THEY HIRE MANY OTHER CONVICTED FELONS, WHO HAVE MUCH MORE RECENT CONVICTIONS? I KNOW FOR A FACT THAT THEY JUST RECENTLY HIRED A MAN IN OCTOBER, THAT WAS JUST RELEASED FROM A 2 YR SENTENCE IN PA STATE PRISON & ANOTHER MAN, LATE LAST YEAR WHO HAD JUST COMPLETED A 3 YEAR SENTENCE IN STATE PRISON FOR MANSLAUGHTER. NOT TO MENTION MANY MANY OTHER INSTANCES OF FELONS GETTING HIRED. HOW IS THAT NOT DISCRIMINATION?

  • 01-06-2011 5:20 PM In reply to

    Re: What discrimination?

    It is not ILLEGAL discrimination because clearly they are not refusing to hire people who have convictions. They are just refusing to hire you. That's not illegal.

  • 01-06-2011 5:24 PM In reply to

    • DPH
      Consumer
    • Top 10 Contributor
    • Joined on 10-08-2001
    • TX
    • Posts 7,541

    Re: DISCRIMINATION FROM BEING HIRED AT A COAL MINE?

    bradshaw:
    I FINALLY HAD AN INTERVIEW FOR THIS COAL COMPANY, BUT, WAS DENIED EMPLOYMENT. THEIR REASON WAS, THEY WERENT HIRING ME BECAUSE THEY HAD MORE SUITABLE APPLICANTS.

    As long as they are not hiring you for a protected reason such as race, religion, etc they can deny employment for any reason.  It doesn't seem as if your criminal history played in to their decision, just that thye had more qualified applicants.  You should be commended for your tenacity, but maybe this company just isn't your future.

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 01-06-2011 5:51 PM In reply to

    • bradshaw
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    • PA
    • Posts 6

    Re: DISCRIMINATION FROM BEING HIRED AT A COAL MINE?

    HOW IS IT, THAT ANY MAN JUST RELEASED FROM A LENGTHY PRISON TERM IS MORE "QUALIFIED" FOR A JOB THAN ANYBODY? WHATS THE JUSTIFICATION IN THAT? ALSO, YOUR SENTIMENT WOULD ALSO APPLY TO THE SCENARIO OF: IF 200 PEOPLE APPLIED FOR A JOB, AND 1 OF THE PEOPLE WERE BLACK & THEY HIRED THE 199 WHITE APPLICANTS, THERE WOULD BE ZERO DISCRIMINATION INVOLVED. THATS ABSURD.

    I ALSO JUST RECEIVED THIS EMAIL FROM EEOC:

    Mr. xxxx,

    It is a violation of Pennsylvania law to not hire you because of your felony conviction. Did you disclose the conviction in your application or otherwise to the employer?  If so, you would have a case. All of the other information provided, considering its true & factual, would make for significant grounds for a case. Please contact my office tomorrow.

  • 01-06-2011 6:06 PM In reply to

    Re: DISCRIMINATION FROM BEING HIRED AT A COAL MINE?

    The fact that they've hired other people with criminal convictions indicates that they don't discriminate against people with convictions. 

  • 01-06-2011 6:06 PM In reply to

    Re: DISCRIMINATION FROM BEING HIRED AT A COAL MINE?

    Please do not type in all caps.  It makes your posts very hard to read and is considered shouting on the internet.

    Thank you.

     

  • 01-06-2011 6:35 PM In reply to

    Re: DISCRIMINATION FROM BEING HIRED AT A COAL MINE?

    And as soon as the employer demonstrates that they routinely hire people with criminal records, your case goes right down the drain.

  • 01-06-2011 8:37 PM In reply to

    • cbg
      Consumer
    • Top 25 Contributor
    • Joined on 12-21-2000
    • MA
    • Posts 6,827

    Re: DISCRIMINATION FROM BEING HIRED AT A COAL MINE?

    Please explain what law you believe exists that requires them to hire you.

  • 01-06-2011 8:40 PM In reply to

    • bradshaw
      Consumer
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    • Joined on 01-06-2011
    • PA
    • Posts 6

    Re: DISCRIMINATION FROM BEING HIRED AT A COAL MINE?

    But how can the employer justify it, by hiring felons w/ zero experience & much more recent convictions & serious crimes?

  • 01-06-2011 8:45 PM In reply to

    Re: DISCRIMINATION FROM BEING HIRED AT A COAL MINE?

    bradshaw:

    But how can the employer justify it, by hiring felons w/ zero experience & much more recent convictions & serious crimes?

    what gives you the idea that they have to justify it? they're allowed to choose who they do and don't want to hire, as long as they don't deny you employment based on things like race, sex, religion, etc. by the same token, you're allowed to choose where you do and don't want to seek employment.

  • 01-06-2011 8:54 PM In reply to

    • bradshaw
      Consumer
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    • Joined on 01-06-2011
    • PA
    • Posts 6

    Re: DISCRIMINATION FROM BEING HIRED AT A COAL MINE?

    Please explain how its not discriminatory to hire some felons & not others, especially when "experience" is definitely a prerequisite in this field. When have you ever heard of a employer in a highly-skilled industry, who on many occasions, have hired people, especially felons, who have LESS or NO experience at all, then others. Ill let the EEOC handle it.

  • 01-06-2011 8:59 PM In reply to

    Re: DISCRIMINATION FROM BEING HIRED AT A COAL MINE?

    bradshaw:

    Please explain how its not discriminatory to hire some felons & not others, especially when "experience" is definitely a prerequisite in this field. When have you ever heard of a employer in a highly-skilled industry, who on many occasions, have hired people, especially felons, who have LESS or NO experience at all, then others. Ill let the EEOC handle it.

    there's plenty of discrimination that's not illegal.

    where are you getting your idea that it's your criminal record that's keeping you from getting hired? it could easily be some other reason.

  • 01-06-2011 9:15 PM In reply to

    Re: DISCRIMINATION FROM BEING HIRED AT A COAL MINE?

    The EEOC has made a preliminary assumption because he told them he has a felony conviction that the ONLY reason he has been denied employment with this company is because of his conviction.  I suspect he is in for a major disappointment when this company presents it's side to the EEOC.  He is also under the impression that because they hire other felons they MUST hire him or it is illegal.  Any attempt to convince him otherwise is fruitless.  

    Given the fact that the OP has applied consistently for 5 or more years and hasn't been hired I am willing to make an educated guess that they weeded him out for a valid reason a long time ago otherwise they would have hired him already.

    The bottom line is not ALL discrimination is illegal.  They told you they had other candidates MORE suitable than you.  That does not raise ANY illegal discrimination reasons that anyone here can see.  The burden of proof that it is illegal discrimination is on YOU.  What proof do you have that they used an illegal reason not to hire you?

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

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