California Employment Law

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California Employment Law

I work for a local municipality in California. I have

Customer Question
I work for a local...
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: 5 years ago.Category: California Employment Law
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Answered in 8 hours by:
2/2/2012
California Employment Lawyer: Tina, Attorney replied 5 years ago
Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33,167
Experience: JD, 17 years experience & recognized by ABA for excellence in employment law.
Verified
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?

Ask Your Own California Employment Law Question
California Employment Lawyer: Tina, Attorney replied 5 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?

Ask Your Own California Employment Law Question
Customer reply replied 5 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.

California Employment Lawyer: Tina, Attorney replied 5 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.

I hope you found my answer helpful, even if the law is not in your favor; please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous. Thank you.

Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33,167
Experience: JD, 17 years experience & recognized by ABA for excellence in employment law.
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Tina
Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33,167
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Experience: JD, 17 years experience & recognized by ABA for excellence in employment law.

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