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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7342
Experience:  Significant experience in all areas of employment law.
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I applied for Animal Control Officer 12/8/11 with the City

Customer Question

I applied for Animal Control Officer 12/8/11 with the City of Sacramento and got a Rejection email. Reason, does not possess the required experience. Job announcement for experience says: 6 months exp. in animal care or animal control OR Six months of work exp. enforcing /explaining laws and regs to public. I have had 4 dogs in last 10 yrs+ and was USMC Military Police/Corrections Officer for 2 yrs+ on active duty. I want to sue for Erronous interpretation or applic. of qual. stds. presc for classification and Discrimination based on Military Service. A written appeal must state grounds for appeal, facts which support the appeal, and remedy requested. Placement of eligible list in not appealable. City Employment Office at (XXX) XXX-XXXX Can I sue to get the job automatically and have the employment office staff person, Rejecting Me, terminated for incompetance and discrimination?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to answer your question. I hope that you will appreciate a very direct answer, although it may not be exactly what you are hoping to hear.

Unfortunately, no cause of action would typically arise from the facts that you have described unless the underlying reason why you were refused the job was your race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age (over 40), or sexual orientation. (See Govt. Code 12921.) While I certainly understand that you possess the required experience for this position and that your rejection letter claims that you didn't, this would not entitle you to the position and does not, in itself, qualify as a violation of the law.

Whether someone has the required experience for a position is subjective and sometimes open to interpretation. Further, the law does not provide protection to someone under this circumstance because they are not part of a "protected class." Finally, even if you were able to prove in court that you possessed all the required experience for this position, that would not entitle you to be hired because there were likely several other candidates who also possessed the required experience. What legally, would require an employer to hire one particular qualified employee over the others?

To summarize, being denied a position even though you possess all the necessary experience does not typically give rise to a lawsuit unless you can demonstrate that you were denied the position as a result of your race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age (over 40), or sexual orientation.

I understand that you may be disappointed by the answer I've given you, as it's not particularly favorable to your situation.  Had I been able to provide a more favorable answer, it would have been my pleasure to do so.

I sincerely hope that this information helps you and I wish you the very best of luck. Bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Please abide by the honor code of this website by kindly clicking on the GREEN ACCEPT button if my answer has been helpful to you. Thank you very much.

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