Question

Is it my name?

Asked 12 November 2012 · 1 answer

The question

Hello all, I'm new to this site. Long

story....my name after marriage is

Ebony Gonzalez (i know), well I've

moved to VA as my spouse

transferred jobs within the govt. I

am a registered nurse, bachelors

degree trained. I've been a

nephrology med surg nurse

(renal/kidney) for 5 years. I had a

charge nurse assistant manager

position when we left NC. I get

here and apply to the health

system for 5 med surg jobs and 1

renal job and all of the statuses

returned that "although you were

not selected for this position, we

strongly encourage you to keep

applying for jobs you are more

qualified for" its weird because 15

days after i get the eff you status,

the jobs are still posted and new

ines come available. Ok that's a

problem! I've never been fired,

have numerous letters of

commendation and patient letters.

I am board certified and am a

nurse association member. I

decided to change my name on

the application to my legal born

name, just left out my first name,

so I applied using Michelle ******. I

used the exact résumé as before

with no change but my name. I

submitted an application under

Ebony and a day later, an

application under Michelle. Well

Michelle received a call for an

interview. Is this discrimination?

From the LawyerCentral forum archive. Originally posted 12 November 2012 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).

1 answer

Visitor answer 11 February 2013

It would depend entirely on whether the discrimination is based soley on your name or if the name indicates something else about you that an employer could discriminate against. Anti-discrimination laws, like the Civil Rights Act of 1964, forbid discrimination only on the basis of certain traits, such as race or gender. If you can link discrimination based on your name to your race, than you have a case.

Did the application for both "Michelle" and "Gonzalez" ask to identify your race?

I am not an attorney. Please speak with a lawyer for legal advice.

(removed)

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