A candidate was hired for a job I was more qualified for. Can you offer some insight on what I can do?

Question: My question is, If an organization advertise a job opening and give detail requirements for the candidates to have before being considered. Then select a person who does not meet the minimum requirements, but I met and exceeded all requirements but was not selected and when I asked the employer about how they could select someone who did not meet the advertised requirements. They would not give a reason for this selection. They required the candidate to have a certification, which this candidate did not have, but again I had this certification and has had it for five years, plus four years experience in the same job which was advertised. My question is, do I have any legal rights to a possible civil suit against this employer, which is a county agency. Job was posted in the News and Observer with detail requirements to apply. My understanding is that if you do not meet the rquirements for any job by the closing date. You cannot be considered for this selection. Another thing ! they allowed the selected candidate to get the certification four months after he was given the job. Yes there is a EEOC complaint pending which the agency only reason for selected this candidate is that he has been with the agency for five years, but do not mention any college degrees,documented training or experience which would lead a reasonable person to select this person over me. Please give me some insight on what actions could be taken.

Answer: First, your example is unclear. You probably should talk to an experienced attorney who does government employee law and civil rights law. I cannot give you any concrete advice because your fact pattern is conflicting and very incomplete. Did you file the civil rights complaint in the form of an EEOC charge or did the person who got the job. When was the charge filed and what was the basis of the charge. You may have a standing problem. Standing is the legal concept close to "do you personally have the right to file the suit." Different rules of standing can apply to federal state and local government jobs. How can you prove that you would have gotten the job if the successful candidate was required to vacate the job. There are not cases in North Carolina that allow local government employees to be de-tenured because they were arguably disqualified at the time of hire but obtain the necessary credentials shortly after receiving the job. You have a tough case that will be hard to win and I am not sure an hardworking attorney without requiring you to pay for her or his services on an hourly basis. You may not be able to afford to win your case. Good luck.