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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 37834
Experience:  Retired (mostly)
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if one candidate was given the answers to a pre employment

Resolved Question:

if one candidate was given the answers to a pre employment exam and another candidate was not because he was older.also the candidate given the answers had personnel relationships with said employer.the employer is a municipality in california.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.

Thank you for your facts. What question can I "justanwer" for you?
Customer: replied 5 years ago.
The candidate given the information was a close personnel friend of the supervisor who was writing the pre employment test.The supervisor later admitted to me that he had coached the other candidate and provided him with answers to the tests.after all the testing and interviews the company hired us both.After our six month probation period,i progressed while the other candidate probation was extended.After another month the other candidate resigned.I am still employed by the city municipality,with good yearly reviews.I was twelve years older than other candidate,and have been told by other employees that they were worried about my age when i was hired.The supervisor involded is retiring and the position is open,but he is involved again in the hiring process.
Expert:  socrateaser replied 5 years ago.

You still haven't asked a question about your circumstances -- however, I will assume that your question is: Is this unlawful discrimination?

A: Since you were both hired, there was no element of adverse employment action, and therefore no unlawful discrimination.

Re the supervisor's alleged predisposition for "rigging" a preemployment exam, and your possible concern that this will happen again, only this time to your impairment, many municipalities have ordinances which require employment appointments be made based upon "merit and fitness." (e.g., Cal Gov Code § 18500(c)(2) for state civil service workers). The failure to provide an objective employment exam would not just violate a local ordinance, but it would violate equal protection on its face (this is not equal protection/discrimination in employment, but rather it is equal protection/discrimination under the 14th Amendment to the U.S. Constitution).

So, if you have evidence that the supervisor cheated in favor of a friend on a previous employment exam, then that may be a reason to object to the supervisor's involvement in any exam to fill the supervisor's vacated job.

However, it's one thing to actually permit cheating, and another to coach someone for an examination. If the supervisor did this for a friend during nonworking hours, then I do not believe that would constitute unlawful discrimination, unless the "coaching" included actually disclosing the test questions and/or answers.

Hope this helps.

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