Can federal job postings legally be tailored to specific individuals by adding obscure job qualifications.

Asked about 1 year ago - Chicago, IL

I encountered a posting on USAJOBS.gov for a statistician (NIH). The job has qualifications that are atypical for the position and job duties. Specifically, the posting requires advanced courses in mathematics that are not related to the duties required in any meaningful way. The posting requires more advanced courses in mathematics than statistics. This is a full-time permanent position and my hunch is that the hiring managers already had somebody in mind with a specific background that other qualified candidates are unlikely to share. It is common practice in the agency I work for to have an inside or outside candidate in mind prior to posting the position, then having the opening available for 3 days thus minimizing the number of applicants for what is essentially a rigged process.

Additional information

This is a federal job and therefore supposed to be competitive so that the public is best served. I realize it is common practice, but I would think federal jobs are held to a higher standard. There are and have been many husband/wife, siblings and cousins working within the same department where I work.

Attorney answers (3)

  1. Judy A. Goldstein

    Contributor Level 20

    Answered . While your suspicions may be correct, it appears your employer has posted the position in such a way that there is nothing inherently wrong. If you believe there is some sort of reverse discrimination going on, but you are not otherwise qualified for the job, then there really is nothing you can do. If you believe you have been improperly shut out of applying, then you might wish to discuss your concerns with an employment attorney.

  2. William Emil Cassara

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . This is actually fairly common. They may well have a particular candidate in mind, but unless there is some form of discrimination against a protected class of persons, there probably isn't anything wrong with it.

    This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney... more
  3. Christine C McCall

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . The law does not require that the position posting track exactly the present duties or requirements of the position. The law allows employers to take the long view and have long-range plans or contingencies in mind. Employees do not ordinarily know all of such long-range alternatives and possibilities, and cannot establish to the legal standard that the postings are false or sham. If you are represented by a union, you may want to discuss this with your union rep. The union is the first "check" against improprieties in the fairness of job postings. It would be a very rare and exceptional circumstance where a posting about a vacant position was the basis for a cost-effective and provable law suit.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more

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