California Employment Law
California Employment Law Questions Answered by Legal Experts
Hello and thank you for your question today. Are you online with me?
First let me say that I am terribly sorry to hear that you did not get the job. It is a shame when an employer makes a decision without legitimacy. Unfortunately, however, the law gives employers a wide berth in deciding who they want to hire. The only exception to this is if their decision violates a union agreement or if you were not hired as a result of you being part of a protected category. A protected category would be something such as your age (40 or older), gender, race, religion, genetic information, pregnancy, national origin, creed, or disability. If you were not hired for one of these reasons, then you would have a cause of action against this employer.
welcome to the chat
The problem of course is finding out if you were not fired as a result of one of these categories.
you can do this in one of three ways
the hiring manager hired same color as she is
That could be a legitimate reason to have a claim
are the hires typically all of the same race?
most employees on her building has the same color
Then it definitely sounds like you could have grounds to bring a claim.
what are the the three ways for me to do
There are a couple of ways to do this. You could file a claim with the EEOC, the DFEH, or get an attorney in your area involved
If you decide to hire an attorney, a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys prior to selecting the one you feel most comfortable with.
If you decide to file a complaint with the DFEH you would do so here
If you decide to file a complaint with the EEOC you would do so here
You would state that you were not hired because of your race, which can be seen by how many people of a particular race are hired at this location
if no one of your race is hired, then you would have a strong case
what are the right question for me to asked before I do so
well, this person did say that you should not stop applying
so, you may want to consider asking what you can do in the future to be seriously considedred
she is not actually pure, she is half and half but same nationality
does it work
it does not matter what nationality she is, it only matters if she is discriminating against another nationality
of course her being a particular nationality does lead to the inference of favoritism over a particular nationality
but it is not determinative
so in terms of what you can ask, you can state that you would really like to work there and see what else you can do to better increase your chances
you can also ask what the person who she hired had which you did not and how you could improve
this way you can determine if you think it is your race which is the reason why you did not get the job
especially because no one is going to openly admit that
the bigger problem you are going to run into is that they told you to reapply
this does not suggest that they are discriminating against your race, but rather, went a different direction.
So it may be tough to prove such a case
but i wanted to make you aware of all of your options
Does all of this make sense?
So in short, 1) there is not likely any legal action you can do for not being hired unless you feel that you were not hired because of your race. 2) if you do feel that this is because of your race you will file a complaint with the EEOC, DFEH or hire an attorney, 3) to determine if you have a case an attorney (or investigator) will look into whether or not this person hires people of your race.
As for what is right to do, that is entirely up to you. I cannot tell you what to do in a situation like this, I can only inform you of all of the options.
I can tell you that if they are not discriminating, you should consider calling every month or so to see if there are any openings. This will likely put you on the front of the pile when it comes to hiring.
You can also inquire if there is anything you can do to make you a better candidate. You do not want to ask to often, so as not to be annoying, but there is no harm in inquiring every month or every other month (unless they specifically say check back every three months, etc.)
Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.
If there is anything I have missed, or if you need more clarification on anything I have said please ask and I will be further to discuss the issue further.
Are you still here with me?
sorry, i just spoke with my original boss
not a problem.
Have I fully answered your question today?
I guess it's fine
She hired someone that is been recommended from someone she know
does it counts
Unfortunately that would definitely not create grounds for a discrimination lawsuit. Again, she is allowed to hire someone else, as long as that decision is not for the purpose of discriminating against a person for a protected category
I realize that the law is not entirely in your favor here and I am truly sorry to have to deliver bad news. Nonetheless, I trust that you will appreciate an accurate explanation of the law and realize that it would be unprofessional of me and unfair to you to provide you with anything less.
Have a wonderful rest of your evening. Before you go, please do not forget to provide a rating in the middle or above
as this is the only way I will receive credit for assisting you.
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