Would I have a case against a school district for not hiring me?

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Would I have a case against a school district for not hiring me?

I’m a certified teacher within the state I live, with a level 2 teaching license. I’ve taught 6 different grade levels, yet the school district in the city I recently moved to has given me the impression that I’m not qualified to teach in their district even though they are located within the same state. When I applied, there were almost 70 teaching vacancies. Now there are 20, and I’ve only had one interview. I don’t know why they they came to the conclusions that I’m qualified for just one position out of the 30 I applied for. These positions required a degree and a teaching license, which I have. I’m beginning to think their reason is discriminatory.

Asked on November 29, 2012 under Employment Labor Law, New Mexico

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Only certain kinds of discrimination are actually illegal. The main ones (under federal law) are discrimination based on race, religion, age over 40, disability, or sex; some states add a few additional grounds, such as sexual orientation, family status, or national origin. Unless you are being "discriminated" against on the basis of one of these specifically protected reasons, it is legal; therefore, as long as the employer is not refusing to hire you due to your race, sex, etc., it may choose to not hire you for any other reason, including not liking your hobbies, not respecting the school(s) you obtained your degree(s) from, or simply that you did badly in your one interview.

On the other hand, if you think you are being discriminated against due to your race, sex, etc., you may have a legal case and should consult with an employment law attorney.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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