Legal Question in Civil Rights Law in Kentucky

Racial Discrimination in Hiring

I once applied for a position that had been open for several months. Two weeks after mailing in my materials, I phoned to check on my application.

I was told ''We are so excited about your application! You are perfectly qualified, have experience, and are the ONLY applicant for the position thus far!''

Sounds promising, right? I was told an application form had been mailed, and I was to fill it out and send it back in.

A received the form and filled it out, but instead of mailing, decided to drop by their office and deliver it by hand.

When I arrived (unexpectedly) at the office and handed the HR director my form, she stared at me like she'd seen a ghost.

She then handed my application back to me and said, ''I'm sorry, this position is only open to someone of a different color.''

I was still the only applicant, and was told if someone of the correct color didn't apply, the position would go unfilled.

I was told it might be possible to hire me temporary if no one else applied, but if someone of the correct color applied, I would be terminated.

This was a position teaching Computer Science at a public university.

Is this policy legal?


Asked on 7/31/08, 11:30 am

1 Answer from Attorneys
Andrew Dutkanych III Biesecker & Dutkanych

Re: Racial Discrimination in Hiring

The policy you have described is unlawful. I would encourage you to contact an attorney as it is unlawful and unconstitutional for a public university to deprive you of employment because of your race or color. I would be happy to speak with you further regarding your rights. I can be reached at [email protected] or at the number in my profile.

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Answered on 7/31/08, 12:56 pm


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