Legal Question in Employment Law in California

I interviewed for a position at a large CRM Software company and did not get the job. I was told by the recruiter that I "wasn't a good cultural fit". I am a 60 year old Caucasian woman.

I asked her for further specifics and all she said was that I was one of their finalists, but wouldn't go further into the definition of "cultural fit". I feel that this is age discriminatory


Asked on 8/24/11, 9:02 am

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

It sounds as though the decision was based upon race and not age, but both are protected under the law. The problem is being able to prove that that was the consideration that eliminated your getting the job. If the company is mainly Indian, a jury might accept their argument to some extent. Juries, moreover, are not as offended when a member of the majority population is discriminated against as opposed to a minority. you can talk to various anti-discrimination groups, including Fair employment and housing to see if they think you have much of a case.

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Answered on 8/24/11, 10:43 am

I agree with Mr. Shers that you may have a case here but it is not clear. I agree that you should start with the Dept. of Fair Employment and Housing at the state level and also check with the Equal Employment Opportunity Commission at the federal level.

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Answered on 8/24/11, 11:40 am
Terry A. Nelson Nelson & Lawless

Your 'feelings' are irrelevant without supporting evidence to prove some form of illegal discrimination. While the 'cultural' comment to you was unwise in the extreme, it is not sufficient proof of discrimination, merely a hint at it. Proving 'reverse' race discrimination [which is what that comment was hinting at] is difficult at best. While there is nothing to stop you from filing a lawsuit once you have followed the required administrative claim process, you will have to come up with substantial, admissible, credible evidence in order to win. That means documents or witness testimony showing 'race' was a factor in an adverse employment decision. If you think you can actually do so, feel free to contact me to discuss. I've been doing discrimination cases for over 25 years.

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Answered on 8/24/11, 1:02 pm


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