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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 31903
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
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Customer Question

I work for a local municipality in California. I have applied for a particular job several times. Each time I applied, I passed all the requirements, but then the hiring authority decided to cancel the process because the person she wanted didn't pass the requirements. This has gone on several times and each time the process was cancelled. Is this good enough cause for me to file suit against my employer? If so, what employment law has my employer violated?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Tina replied 2 years ago.
Hello and welcome,

Is there a specific procedure set out in a union agreement with which the employer must comply?

Do you have any reason to believe you may have been discriminated against on the basis of your race, age (40 or older), gender, disability, or something else?

Expert:  Tina replied 2 years ago.
Hello again,

I am being prompted to respond to you, but I don't see a reply. Please provide additional information by answering the following questions so I might answer your question more thoroughly. Thank you.

Is there a specific procedure set out in a union agreement with which the employer must comply?

Do you have any reason to believe you may have been discriminated against on the basis of your race, age (40 or older), gender, disability, or something else?

Customer: replied 2 years ago.

There is a Civil Service Rules that governs hiring and selection processes as well as Memorandum of Understanding (contracts).

 

I am from the South Pacific and one of only two in the entire workforce. I do feel I'm being discriminated against b/c of my ethnicity and/or my age.

Expert:  Tina replied 2 years ago.
I see. Thank you for the additional information.

Discrimination in hiring based on national origin/race is prohibited by both state and federal law. Since you have repeatedly fulfilled all qualifications, only to be refusing hiring, discrimination may be involved, but you would normally need to eliminate a legitimate reason for the employer's conduct.

If they state a legitimate reason for failing to hire you, then you would typically need to present evidence that their reason is a pretext for discrimination.

Discrimination claims should typically be filed with the Fair Employment and Housing Commission promptly since there are time limitations for filing a complaint.

It is best to also retain a local employment law attorney to guide you through the process and aid in presenting your strongest case.

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Tina, Attorney
Satisfied Customers: 31903
Experience: JD, 16 years experience & recognized by ABA for excellence in employment law.
Tina and other California Employment Law Specialists are ready to help you

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