Legal Question in Discrimination Law in California
How to get employment records (applications, reviews, ratings, etc...)
I was recently denied employment as a resident advisor for a public institute of higher education. I need to review other applicants' applications in order to confirm my strong suspicion of discrimination. Are they public records? How can I be able to view them to check for more evidence of discrimination? I would also like to view the employer's ratings of each application; how do I request that information?
I have tried to research this myself, but could not find anything about how to get the records. I did find out that federal and state law requires the employer to keep the information for 2 years because the information is useful in determining discrimination. However, it is unclear if that information is a matter of pulic record. If it isn't, what is a matter of public record regarding their employment process as a public institution of higher learning? How can I get all of these records? Thanks.
1 Answer from Attorneys
Re: How to get employment records (applications, reviews, ratings, etc...)
Nice try, no brass ring. All such oersonal material would be mandatorily confidential, just as yours would be against someone else wanting to see what you submitted. The only way it would ever be disclosed is in 'discovery' during a lawsuit, and then usually under limited conditions.
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