Is this discrimination?

[Dusty11]

I recently had a group interview for a (non-teaching) job in a primary school. I was one of six candidates (all women). Four of the candidates were white, one was Pakistani, and I am mixed race.

I was surprised that the application form contained no Equalities monitoring section, as I understood that schools had a duty (public sector equality duty?) to monitor the gender, age, ethnicity etc of all job applicants. I had expected to be able to declare my ethnicity on the form.

The interview process was one that involved a written exercise, a group discussion, and a then a session with a group of children. Individual interviews with the Deputy Head were scheduled for after lunch.

As I left the lunch room, I was approached by said Deputy Head, who was running the interview process, and quite literally bundled out of a side door and into the car park. I was told that I wouldn't be required for the individual interviews. I was surprised and shocked at the way in which the situation was handled.

A few days later, I sent a polite email to the school asking for feedback, and specifically the reasons for their decision not to interview me. I received no response. I re-sent the email the following week, and rang the school admin to confirm receipt, but still no feedback.

What's my next step?

What basis do you have for thinking this is discrimination?

Many interviews have multiple elements and if you fail part of the initial elements it would waste your time and theirs to continue with the one-to-one interview.

It's not unusual to be asked to leave if you fail the first part of the process.

It's good to ask for feedback but not obligatory to give it.

Perhaps the other candidates were better than you?

They should be monitoring, yes.

As to your next step, well it depends what you want to achieve really? You're not entitled to feedback, although most good HTs/ Deputies will give it.

Is there any reason to think your ethnic background was anything to do with their decision not to continue with the process for you? I would have assumed it was something in one of the other three selection exercises, and if that had provided them with enough detail to rule you out, no point putting you and them through an interview.

Of course, the other candidates might have been "better than me" - but I'm not sure that it's true that the school doesn't have to give feedback.

If I tell the school that I believe they didn't offer me the job because I'm mixed race (I was the only mixed race interviewee) then they would need to explain why their decision had nothing to do with my ethnicity, which would involve detailed written feedback about my performance compared to other (white) candidates.

I agree that some interview processes these days involve "dropping" candidates midway through, but those candidates are entitled to ask why.

" I'm not sure that it's true that the school doesn't have to give feedback."

What makes you think that? There is no legal requirement to give interview feedback.

"If I tell the school that I believe they didn't offer me the job because I'm mixed race (I was the only mixed race interviewee) then they would need to explain why their decision had nothing to do with my ethnicity, which would involve detailed written feedback about my performance compared to other (white) candidates."

Do you actually believe your ethnicity was the reason? Or would you be claiming discrimination without any grounds for actually doing so, just to try and make them give you feedback?

Do you have any reason to believe you were discriminated against due to your ethnicity?

You're entitled to ask anything you want to, you're not entitled to receive a response.

If they do send you feedback what are you going to do with it? Will you use it to learn from or develop, or are you just looking for some reason to go legal on them?

I've only ever had thank you for attending the interview but you weren't successful, why do you think it was discrimination. Have you got any proof, do you even know if any of the other candidates got the job or know what experience they bought. They don't need to discuss other candidates with you, maybe you just didnt meet the criteria. Some people like feedback as it can help you reflect on the interview, give you tips and help prepare for future interviews.

Why would your assumption be about your race rather than your performance in the morning?

Oh please.
Don't give black people a bad name.
Yes ask for feedback but be prepared to hear that the other candidates were better than you.
End of.

I think it all depends on the feedback I receive. If they provide a clear explanation about why I didn't get the job, then I'll be happy to accept it and take it on board. If there answers are evasive then I'll probably serve questions procedure www.acas.org.uk/media/pdf/m/p/Asking-and-responding-to-questions-of-discrimination-in-the-workplace.pdf .
I'm not sure that I understand your phrase "going legal"?!?

I don’t know whether the monitoring is compulsory.

I do think it’s a bit of a leap though to think that it’s discrimination. I thought with a day long selection exercise it was normal to let people go half way through if they aren’t successful?

Going legal = taking (in this case totally unwarranted) legal action against another party.

Honestly, you're ridiculous.

Your thread title is “Is this discrimination?” but you haven’t yet explained what basis you have for thinking it might be?

Don’t you have to be able to explain why you think the treatment was discriminatory as part of the process though? I’m not sure what you would say in this case.

@notanaturalmum

"Don't give black people a bad name"?!?

For asking for feedback about potential ethnic bias? That's a dreadful comment. How can one mixed race person tarnish the reputation of an entire ethnic group? That's really racist.

OP stop embarrassing yourself. You were not good enough to get through to the next stage of the interview.

”For asking for feedback about potential ethnic bias?”

What is it that makes you think there might have been ethnic bias?

Maybe some people might find your terms white and Pakistani a tad racist

@Namechangeforthiscancershit

No, it's up to the employer to prove that they didn't discriminate - not for you to prove they did.

Yes, schools are covered by the Public Sector Equality Duty, which requires them to monitor the protected characteristics of candidates for jobs.

Do you believe you were the best candidate.

@wigglypiggly - why is it racist to refer to someone as white? Why is it racist to refer to some who had told you that she is Pakistani as a Pakistani? Given that this is a thread about potential racial bias?

But the guidance has a whole bit about why it was discriminatory in your view.

Dusty, the burden of proof is on you to demonstrate that something happened which requires an explanation. The burden of proof then flips to the employer to was non discriminatory. You didn’t pass the first part of a selection centre. If there was nothing else odd (and not handing out monitoring forms wouldn’t count IMO) then it seems to me you haven’t met the bar for the burden of proof to “travel”.

No, it's up to the employer to prove that they didn't discriminate - not for you to prove they did

I’m not talking about the burden on proof, just having a prima facie argument which I can’t see from your post.

Would you raise this any time you don’t get offered a job and there’s no feedback?