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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7155
Experience:  Significant experience in all areas of employment law.
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We have a Nurse Manager in our hospital (California) who appears

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We have a Nurse Manager in our hospital (California) who appears to be discriminating against a certain demographic (or Race). Several of the Per Diem Nurses from that Demographic applied for the permanent positions and were not picked. The Nurses that were picked were from a different race. Please note that as far as qualifications, the Nurses who were NOT considered were more experienced and have been employed in the hospital longer way before this Manager took over few years ago. These Nurses have received accolades from fellow Nurses (who are Full Time) for their outstanding Patient care. The Nurses who were hired have less experienced as compared to the other Applicants from the other Demographic who did not get considered.

The hiring process was through a Panel interview and voting from fellow Nurses who are Full Time and the Manager. However, this process is just a FAÇADE since the votes from the Nurses are “ignored” and the Manager ultimately picks his choices. In fact, an offer was already presented to one of his choices even though they were still interviewing the other Per Diem Applicants who were NOT hired. The issue now is, if you question this Manager, it becomes personal and he surely let you know that he is in charge. Thus, everyone is afraid to go against this Manager in fear of retribution. Since no one wants to identify themselves, they tried sending anonymous letters to the Nurses Union and Human Resources to complain about him, but to no avail. Everyone is worried that the upper management is on the side of this biased Manager

Since it is not easy to prove that this Manager is discriminatory to a certain Demography, can you suggest on how to go about this situation?

I appreciate your input on this matter.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to answer your question. I am very sorry to hear about these discriminatory practices.

The best avenue of recourse for the affected employees would typically be to file a formal complaint of discrimination with the Department of Fair Employment and Housing, which is the state agency charged with invesitgating and enforcing California's anti-discrimination statutes.

The good news about making a formal DFEH complaint is that employees are legally protected from retaliation for making the complaint. Thus, even if the underlying discrimination claim is not found to have merit, an entirely SEPARATE cause of action for retaliation may arise if the complaining employees can demonstrate that adverse employment action was taken against them for pursuing the matter with the DFEH.

The complaining employees would be wise to make the DFEH claim and then closely DOCUMENT any and all instances of perceived retaliation. To make the DFEH complaint, see here: http://www.dfeh.ca.gov/Complaints.htm

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 you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes to you and thank you so much for coming to Just Answer.
Customer: replied 1 year ago.

Thank you for your prompt response. It appears that the DFEH is the answer to the issue. At first the group was thinking about resorting to hiring a Lawyer to represent the group. With your response, there is a better to direction on how to approach the problem. Thanks and greatly appreciate the response.

Expert:  Patrick, Esq. replied 1 year ago.
Noel,

It was truly my pleasure to assist you. Even if the group did hire an attorney (and that is not necessarily a bad idea), they would still need to file a DFEH complaint before initiating any action in general civil court. This is actually a legal requirement.

Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.

Kindest regards.
Patrick, Esq., Lawyer
Satisfied Customers: 7155
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and 3 other California Employment Law Specialists are ready to help you

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