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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37855
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I had an interview today for a management position at my job

Customer Question

I had an interview today for a management position at my job at walmart, I didnt get the position because of my lack of availibility due to not being able to work thursday nights due to college education courses that i am currently attending, to graduate with my BA degree.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  LawTalk replied 5 years ago.
Good morning,

I'm sorry to hear of the situation.

I understand the facts that you have stated. Do you have a question?

Customer: replied 5 years ago.
What i want to know is that first off i was told i didnt get the management position due to lack of availability because im in school. But im only in school once a week. My manager asked me which one was more important school or walmart. I want to know if this is discrimination against my education for being a educational student. IS this discriminiation upon schooling.
Expert:  LawTalk replied 5 years ago.
Good morning,

Thank you for the additional facts.

Well, speaking in strictly lay terms---yes it is discrimination against your educational goals. The term discrimination in the purest sense means to make a choice based upon distinction---to differentiate---essentially to choose between different options.

Discrimination in and of itself is not illegal. Each one of us does it each and every day of our lives. It is only illegal discrimination which is prohibited.

Under the law, illegal discrimination is that based on one of the following characteristics: Ethnicity, Color, Religion, National Origin, Age, Sex or Disability---and in CA you can add things such as sexual orientation and gender identity.

Education is not illegal to discriminate against. It is perfectly legal for your employer to discriminate against you in promotions based on the fact that you attend school, or will not be available for all shifts because you attend school.

So while yes---we can call what happened to you a form of discrimination---it was not illegal discrimination for which you have a legal remedy---I'm sorry.

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