Legal Question in Employment Law in California

hiring discrimination

boyfriend worked for trucking co. sent in application so I could drive w/him. they sent me for DOT phyical and then to school (cost to be deducted from my paychecks). after attaining CDL went to orientation and had to lift and carry boxes, which I could do, but they said I had to have a straight back. I was also this test is given to individuals BEFORE being sent to school to make sure they qualify. Four women were there that day. three of us failed for the identical reason. qualification requirements never stated you had to do these things with a perfectly straight back. one woman's husband worked for the company and they let her go to another location (same company) for orientation that did not require this same test so she got hired. I asked to do the same and was denied. do I have a case and can it be done on a contingent basis?


Asked on 11/02/03, 3:39 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: hiring discrimination

It sounds like you believe they are just doing this to avoid hiring women. If that can be proven, you would have a discrimination case. Proof would involve showing women can do the job, despite the 'straight back' requirement. It would be the company's burden to show that requirement is rational and medically reasonable, which doesn't seem reasonable to me. Sometimes these cases are done on contingency; it depends on the facts, of course. Contact me if interested in discussing your options and remedies available.

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Answered on 11/04/03, 8:05 pm


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