Legal Question in Employment Law in California

Discrimination

I work for a temporary employment agency. I have been experiencing a lot of stress lately related to my work. One of the causes of my stress is that my employer forces us to discriminate against applicants. We are not to send people with convictions, blacks, or people who are over 50 on work assignments. We are instructed to take their applications and tell them we will call them if we have work for them but we never do. We are also told to send people with fake documentation out to work, even though we are trained on how to know if a document is genuine or not. I have complained and have been threatened with the loss of my job. What do I do? Can they force us to continue these practices?


Asked on 3/11/04, 10:00 pm

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Discrimination

Talk to a Workers Compensation attorney regarding your stress. You might want to blow the whistle to government agencies regarding the discrimination. The agency could lose its license. Also, you might want to look for another job elsewhere.

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Answered on 5/17/04, 4:16 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Discrimination

It is unlawful to discriminate against job applicants due to their race or age but not unlawful to discriminate because of a criminal conviction. It is also unlawful to require employees to commit discriminatory acts as a part of their job. You have the right to refuse to comply with these requests.

I think the best course of action is for you to seek the assistance of an experienced employment law attorney to address these issues for you. He or she could help you acquire the evidence you will need to prove your claims and put the employer on notice that you will no longer violate the law.

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Answered on 5/17/04, 4:32 pm
Terry A. Nelson Nelson & Lawless

Re: Discrimination

Retaliation against you or firing you for complaining of illegal discrimination would provide grounds for a civil lawsuit. IF you could prove what you say, it would be a case worth pursuing. Contact me to discuss if interested; I have done this kind of employee rights litigation for over 15 years.

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Answered on 5/17/04, 5:55 pm


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