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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4830
Experience:  Extensive experience representing employees and management
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Ive been with my current employer for approximately 1.5 years

Resolved Question:

I've been with my current employer for approximately 1.5 years and was just recently interviewed for a promotion. There were 18 positions available for approximately 30 employees. In the time I've been here I've had 0 disciplinary action, have had 95%+ on all required tests and certifications, never been late, not even one job error. Last year I filed a complaint against my management to our corporate office which led to an investigation that lead to one individual being let go and several others receiving various other levels of punishment. The position that was being hired for requires a vast amount of knowledge and critical thinking. Out of the 30 who interviewed, I was the only one with a degree and one of the few who knew 100% of the requirements of the job being hired for. During my interview it was apparent that they were not going to hire me. One question asked was "if hired do you know your going to mid shift" even though the management team knee I have a medical disability that my doctor has requested I be allowed to remain on a day shift. Afterwards I complained in detail that the interviewers displayed extreme bias and the question about mods was illegal because it forced me to reveal my disability in my interview. I have a lot of other documentation showing retaliation on every level. Instead of investigating my complaint they opted to promote all 30 BUT the first half got trained and paid first resulting in me losing my seniority. Corporate policy requires all interview records maintained for 2 years but when I requested a copy from hr they told me "absolutely not" and asked me where I was going with it. I told them I perceived retaliation in my interview and he told me "even if you aced every interview question, you wouldn't have made it." When I asked why he said that he had already said to much. I asked my direct supervisor to explain it and he said he couldn't and that I was one of the best workers he had. There is a long history of a "good ol boy" system that promotes based on popularity rather than actual performance. Do I have any recourse for discrimination and if so what avenue should I pursue it.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello.

Yes, you definitely have recourse against your employer if you were either 1) treated based on making a complaint to HR about the wrongdoings of management or 2) treated unfairly on the basis of you having a disability. If you were asked questions that your employer knew would discriminate against you on the basis of your disability then that would give you enough for a cause of action against your employer.

You can and should file a complaint with the Department of Fair Employment and Housing for discrimination on the basis of disability in violation of the Fair Employment and Housing Act.

You can do so using the information available online here:

http://www.dfeh.ca.gov/Complaints_ComplaintProcess.htm

The DFEH will investigate your complaint on your behalf and either file suit on your behalf or issue you a right to sue letter so you can pursue your claim against your employer through a private attorney.

Unfortunately, you would have to find a private attorney interested in the retaliation claim (violation of public policy) separately. Or, you could get your right to sue letter and then sue under both of causes of action at the same time.

All this said, if you got the promotion eventually anyway (as long as it's the same) it would be difficult to make out a case for damages, since that would traditionally come from the difference between the position you applied for and the one you're currently in if you had been denied the promotion entirely.

Please let me know if you have any follow up questions.

Thanks and best of luck!

Joseph, Lawyer
Satisfied Customers: 4830
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 1 year ago.
Hello Martin,

I noticed that you viewed my answer, but didn't rate me positively.

Do you have any follow up questions or is there any additional information I can provide you with?

Thanks again.

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