Legal Question in Employment Law in New York

employment discrimination in public school

i have applied for teaching positions in public schools. many times, i am the most qualified candidate, yet i have not been offered an interview. i feel as if i am blacklisted--or perhaps there are other reasons. i have been subbing, part-time for almost 10 years. do i have recourse? what are my options?

if i have been blacklisted, is this discrimination? is blacklisting a legal tactic in the nys public school employment? it certainly seems unethical--is there a way to redress?


Asked on 2/05/98, 1:19 pm

1 Answer from Attorneys

Steven Modica Modica & Associates

Employment Discrimination in Public School

There are several possible legal theories of recovery that could apply. To illustrate, it would be illegal for a school district not to hire you because of your race, religion, sex, national origin, age, marital status or disability. If you believe that you were denied a job opportunity for one or more of these reasons, you must file a charge of discrimination with the Equal Employment Opportunity Commisssion ["EEOC"] within 300 days (assuming you live in NY) from the date of the discriminatory action that you wish to challenged.

In addition, public school districts have an obligation to respect the constitutional rights of people who apply for work. For example, you have a First Amendment right to speak out on matters of public concern. If you have done so, and if the district is not hiring you because you have done so, you might have a claim under a federal civil rights law known as Section 1983. There are other laws that might apply depending upon your individual situation. I urge you to contact a qualified attorney.

Good luck.

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Answered on 2/05/98, 8:22 pm


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