Legal Question in Employment Law in California

can someone tell me if this is discrimination? My husband is a truck driver and has A friend that works at a trucking company. My husband applied to the trucking company & was going to be hired as an Owner/operator. He got all of the necessary endorsement on his class A license that the trucking company required. The last Step was to meet the owner of the company, which he did. about week went by and he still hadn't been called for his training. When he talked to his friend about why it was taking so long his friend told him that the owner said he wont hire him because he looks like trouble & they would have nothing but trouble with my husband if they hired him. this to me seems like discrimination. can someone tell me if it is & what could be done about this? Thank you. Also this was in California


Asked on 5/12/12, 2:17 am

2 Answers from Attorneys

It most certainly is discrimination, but not all discrimination is illegal. Only discrimination based on a protected classification, such as race or gender, is illegal. It is perfectly legal for an employer to discriminate against trouble employees, even if they are mistaken about it.

Read more
Answered on 5/12/12, 9:49 am
Jeannette Darrow Jeannette C.C. Darrow, Attorney at Law

I agree with Mr. McCormick. There is no protected classification for "people who look like trouble," and I don't see anything that can be done about it unless there is some pretty convincing evidence that there was discrimination based on race, color, national origin, gender, etc. that you haven't mentioned.

Now that your husband has qualifications and endorsements, he can focus on finding a position with a company who has a less superficial or judgmental owner, and will likely be better off in the long run. Good luck to both of you.

Read more
Answered on 5/13/12, 2:38 am


Related Questions & Answers

More Labor and Employment Law questions and answers in California