Legal Question in Employment Law in California

Re: Employment Advertising

STate and Federal discrimination laws will cover this issue if the decision to favor one employee over another is based upon protected status (age, race, gender, national origin, etc).

Re: Employment Advertising

The law prohibits discrimination in the terms and conditions of employment. The format of the "prima facie" (the initial proof the employee must present) discrimination claim is that the employee belongs to a "protected class" -- e.g. a minority, a woman, over the age of 40, disabled, etc. -- and was treated differently in aspects of work, as compared with others who do not share the protected class (e.g. white males.)

With regards to your question -- assuming you are (1) in a "protected class,) if (2) you are not being given the same opportunities as others (who are not part of the protected class) in terms of promotional opportunities, types of work, shift assignments, pay, etc., you have established the initial step of proving discrimination.

To answer your specific question -- an employer is not REQUIRED to post job openings at the worksite (An employer can choose to hire from outside the worksite, as long as that policy does not have a negative effect on "protected classes" of employees.) If, for example, on a production line the employees are all Black, and the employer advertises outside the workplace for managers of the line -- and hires white managers -- that would establish discrimination.

So while there is no requirement to post openings at the job site, the failure to do that could be an indication (and used as evidence) that the employer is discriminating.