When Mr. Rodriguez inquired about a promotion within the school district to a position he had heard about he was informed that the position had already been filled by the only person who had applied for it. When Mr. Rodriguez later sued, alleging age, sex and disability discrimination, his failure to apply for the job came back to haunt him. The court put it this way:
Without showing that he applied for (or even made a timely inquiry about) the position, Plaintiff cannot show that he was qualified for it or that he suffered an adverse employment action as a consequence of any alleged wrongdoing in denying him the position.
The law does not require an employer to read the minds of its employees.
That summed it up. You can’t establish a claim of illegal discrimination until you establish that you were qualified for the job. Here, the court points out that you are not “qualified” if you never applied.
The case is Rodriguez v. Brownsville ISD, decided by the federal court for the Southern District of Texas on September 29, 2017. We found it at 2017 WL 4354611.
DAWG BONE: TO BE “QUALIFIED” FOR THE JOB YOU HAVE TO APPLY FOR THE JOB.
Tomorrow: Unequal distribution of rights?