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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39045
Experience:  Retired (mostly)
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It's not a personal issue that I am experiencing,

Customer Question

***** *****. It's not a personal issue that I am experiencing, however more of a concern with how my employer had denied an applicant a position with our company due to his association with an individual. I believe that this is wrong to discriminate based on association. Am I wrong?
JA: Thanks. Can you give me any more details about your issue?
Customer: Sure. My position allows me to hire applicants. I was going to hire this individual that is related to a personal friend of mine. I followed the same steps that I would have every applicant take. However, when I sent him down to our office to fill out paperwork he was denied and did not get hired. The owner was at the office and re interviewed him and sent him away.
JA: OK got it. Last thing — California Employment Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  socrateaser replied 1 year ago.
Hello, Under Cal. Govt. Code Section 12940, "It is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California: (a) For an employer, because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of any person, to refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or to bar or to discharge the person from employment or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions, or privileges of employment." Freedom of association is protected from abridgment under the U.S. Constitution, 1st Amendment, by the government. Private employers are not subject to this 1st Amendment prohibition. Consequently, in order to make the association into unlawful discrimination, it would be necessary to show that the association is actually a means of discriminating against the prospective employee on some other unlawful basis. Example: The prospective employee is found to be associating with a group of persons of the Islamic faith. The employer would be engaged in unlawful religious discrimination to refuse to hire based upon this association. Whereas, if the employee were denied a job because he or she was associating with supporters of a current candidate for President of the USA, that association would be unprotected, and the employer's discrimination would be entirely lawful (though, likely disgusting). I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using Justanswer!