Legal Question in Employment Law in California
Employee deciding a woman would be better for a position than a man.
I posted my resume on craiglist and an employer made contact w/me. At the same time, my fiance became unemployed, and was looking for work. I corresponded w/employer and advised that I would prefer that he offer the position to him, instead of me because I was still employed. Wrote a nice letter to him and submitted his resume. We have similar experience, however I am more qualified. Anyhow... we did not hear from him for a while, then he responded with with a general note ''I am getting ready to hire someone, are you or Javier on the market?'' I then asked my fiance to call him. He did and spoke briefly and stated he would give us a call on Sunday. He never did. However, employer responded to me with an email that states ...
--name removed-- My partner and I chatted yesterday and we really believe we need a woman in the customer service/dispatching/routing position. So if you are interested that�s great and We�d like to talk with you.''
I am glad that they have extended the opportunity to me, however both my fiance and I got offended, simply because of this and him never meeting with either one of us.
Are we justified in are feelings? Is this acceptable?
Please let me know asap, before I send a response to him.
4 Answers from Attorneys
Re: Employee deciding a woman would be better for a position than a man.
That kind of response might constitute discrimination. An employer is not supposed to discriminate because of gender if all other factors and qualifications are essentially the same. You might consider whether you'd want to work with someone who obviously has a gender bias.
Re: Employee deciding a woman would be better for a position than a man.
Any employer that has more than 5 employees is subject to the California Fair Employment and Housing Act (FEHA) which absolutely prohibits this type of discrimination. STUPID, STUPID email. . . . these emails are publicly available . . . before you respond, you would be well-advised to contact an attorney - feel free to send an email to my private address -- and good luck.
Re: Employee deciding a woman would be better for a position than a man.
You both are certainly justified for feeling offended and no, gender discrimination is not acceptable. You'd think employers would know better by now.
The email you received is what we call "smoking gun" evidence of discrimination against your fiance. He has the right to pursue legal action against the company for being refused a job due to his gender. He should seek advice from an employment law attorney in your area and you should take a pass on this employer.
Re: Employee deciding a woman would be better for a position than a man.
The other postings are correct, your reactions were right on. A potential employer cannot discriminate against applicants for employment based on their protected classifications, which includes gender, pursuant to the Fair Employment and Housing Act.
I would maintain your e-mail and other communications with this potential employer and contact legal counsel in your area.
Furthermore, I suggest you keep evidence of your continued job searching efforts to show continued lost wages after the failed attempt to find work, denied due to gender.
Best of luck, Beth Mora
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