Can DL applicants be legally discriminated over regular B&M applicants

Discussion in 'General Distance Learning Discussions' started by vinodgopal, Mar 5, 2009.

Loading...
  1. vinodgopal

    vinodgopal New Member

    Messages:
    206
    Likes Received:
    0
    Occupation:
    Asst.Manager
    Location:
    Madras, India
    Can DL applicants be legally discriminated over regular B&M applicants?

    I mean can a distance education/online degree holder file a case against a recruiter should he qualify a regular candidate on virtue of his classroom qualifications?
     
  2. vinodgopal

    vinodgopal New Member

    Messages:
    206
    Likes Received:
    0
    Occupation:
    Asst.Manager
    Location:
    Madras, India
    ofcourse not that an employer should necessarily site the reason for qualifying the regular classroom traditional candidate to the DL student however in an eventuality that the DL student is sent a letter or an e-mail or some documentation that proves that there was a case of discrimination over the DL course, are there ramifications involved that one needs to be aware of?
     
  3. ideafx

    ideafx New Member

    Messages:
    46
    Likes Received:
    0
    Assuming the particular school also has a B&M campus, how would they know the difference? I wouldn't even mention it on an interview unless they ask explicitly. You have a degree. That's all they need to know.
     
  4. Bill Huffman

    Bill Huffman New Member

    Messages:
    4,394
    Likes Received:
    0
    Occupation:
    Software Engineer
    Location:
    San Diego, CA, USA
    Discrimination legally means discrimination against protected groups, e.g., age, sex, race, sexual orientation. If one is not in a legally protected group then you can be legally discriminated against. Although, you may be protected indirectly. For example, an airline had rules restricting the weight of the flight attendents. The union brought a suit saying that this was discrimination against age since as one gets older the weight goes up. The airline was forced to modify their weight restrictions to make them more lax as one gets older. I don't think that distance learning degrees are a protected group.
     
  5. vinodgopal

    vinodgopal New Member

    Messages:
    206
    Likes Received:
    0
    Occupation:
    Asst.Manager
    Location:
    Madras, India
    So there is no legality that protects DL qualifications?
     
  6. vinodgopal

    vinodgopal New Member

    Messages:
    206
    Likes Received:
    0
    Occupation:
    Asst.Manager
    Location:
    Madras, India
    employers can just throw the resumes of such candidates into the waste paper basket should one get to know the correspondance education fact.
     
  7. Lost.Monkey

    Lost.Monkey New Member

    Messages:
    19
    Likes Received:
    0
    Location:
    Lost in the sauce
    Isn't that like saying "can employers discriminate against non-ivy league schools?"

    It's not like you were born into distance learning. Some are going to be faster than others to accept DL degrees (if they can even tell) and non DL degrees.

    Employers can hire whomever they want; I would hate to see an affirmative action clause kick in for DL students.
     
  8. Delta

    Delta New Member

    Messages:
    1,115
    Likes Received:
    0
    DL notated on transcript

    The school I graduated from, a SUNY university, has DL notated on the official transcript. Not entirely accurate because the program was not completely distant learning. One of the courses was taken on campus.

    Interesting that the institution desires to differentiate between on campus and distant learning graduates.
     
    Last edited by a moderator: Mar 5, 2009
  9. bazonkers

    bazonkers New Member

    Messages:
    822
    Likes Received:
    0
    Location:
    Seattle, WA
    Nope, there is not.

    Yes, they sure can. In fact, they can throw your resume in the trash for any reason they feel like as long as it isn't illegal. Actually, they can toss your resume for illegal reasons too as you are 99% of the time never going to find out.

    Some employers will throw it away because you graduated from an online school, because your name looks foreign, because they didn't like the B&M you went to, and my personal favorite (and one that I am guilty of), because your resume and/or cover letter has more than 1 typo on it.

    In the end, they'll just say that they didn't feel you were qualified for the position. Either that, or they'll never call you for an interview. They'll never tell you the real reason they tossed your resume.
     
  10. Randell1234

    Randell1234 Moderator

    Messages:
    7,768
    Likes Received:
    0

    Why not, there is another thread that has a story of an HR person that throws away resumes of candidates that list MBA or PhD after their name. Is it wrong to throw away resumes that have poor grammar or mis-spelt words? It is a choice.
     
  11. lawrenceq

    lawrenceq New Member

    Messages:
    870
    Likes Received:
    0
    I'm sure they can't, legally. They can think it, but I don't think they will say it.

    HR guys can be name-freaks for certain jobs. All of the engineers at the company I work for graduated from SEC schools. Mainly, Alabama, Auburn, Old Miss and Mississippi State.
     
  12. bazonkers

    bazonkers New Member

    Messages:
    822
    Likes Received:
    0
    Location:
    Seattle, WA
    That has to be considered a hostile work environment during college football season. :) Hopefully the school rivalry is tame where you work but I know the SEC people I've run into have been pretty hardcore about their teams.
     
  13. RFValve

    RFValve Active Member

    Messages:
    4,356
    Likes Received:
    1
    Occupation:
    professor
    There are a lot of discrimination variables when it comes to education. I have seen people trashing resumes because of foreign degrees, name of the schools, level of education, prestige, etc. I think having a DL degree should be the least of your worries but more about the place that granted the degree, the place of the school, etc. If the school has a good name, most people won't care if the degree was followed by using distance as many schools nowadays offer DL programs.

    I don't see nothing illegal here, if an employer feels that a particular graduate does not meet the job requirements due to lack of education (the employer might feel that a particular school is weak) then there is nothing you can do about this.
     
  14. -kevin-

    -kevin- Resident Redneck

    Messages:
    1,957
    Likes Received:
    0
    No protected class, no legal standing for a discrimination complaint. (but I'm all for Auburn hires)

    EEOC Laws
     
    Last edited by a moderator: Mar 5, 2009
  15. RFValve

    RFValve Active Member

    Messages:
    4,356
    Likes Received:
    1
    Occupation:
    professor
    This depends, some American and Canadian software companies hire 99% of their employees from India. Having an Indian name can actually help when sending your resume to these companies.
     
  16. bazonkers

    bazonkers New Member

    Messages:
    822
    Likes Received:
    0
    Location:
    Seattle, WA
    True. OK, then some might throw your resume away because your name does not look foreign. :)
     
  17. makana793

    makana793 New Member

    Messages:
    325
    Likes Received:
    0
    I know this is way off topic but I had to mention it. I saw on 60 minutes a few months back a report on HR managers that discriminate against reservists/guardsmen. One HR manager was quoted by saying that if he receives 3 resumes and one mentions military service, he now only has 2 resumes. I was shocked by this kind of attitude.
     
  18. -kevin-

    -kevin- Resident Redneck

    Messages:
    1,957
    Likes Received:
    0
    I would guess that goes to this law. I don't like the fact an employer would be biased in this fashion but considering the law below it could really impact a business if they had to maintain positions for folks deployed. In addition the law protects folks who voluntarily deploy as well as those activated.

    USERRA
     
  19. Randell1234

    Randell1234 Moderator

    Messages:
    7,768
    Likes Received:
    0

    I have a friend name Jose Feliciano (his real name) and he found out his resume was being thrown away because people thought it was a joke. He started listing J. Feliciano and had an interview in a week.
     
  20. bazonkers

    bazonkers New Member

    Messages:
    822
    Likes Received:
    0
    Location:
    Seattle, WA
    It is pretty shocking and I would never do this. That said, I can sort of understand what their thought process is. They need someone to do a job and if they bring on a reservist, they get left holding the bag if he or she gets called up and sent to Iraq/wherever for a year. They then have to hire a temporary person to back fill until the reservist gets back from Iraq/wherever as they are legally obligated to hold their job for them.

    It doesn't make it right at all but I does make a little bit of sense. It's easier to not hire them at all and find someone else that won't possibly be leaving 3 months after they are hired.
     

Share This Page