Legal Question in Employment Law in California

At what point is it considered discrimination when I�ve applied to a hospital countless times over the last 6 months or so and haven�t been hired when my peers with the same education/experience are being hired. I am being told by the only HR rep that I either don�t meet minimum qualifications or other candidates with more experience are being considered. When I�ve addressed these answers he�s giving me with the fact that my comparable peers are being hired and I would like to know what I need to do to make myself more marketable or why I don�t meet minimum qualifications he simply replies with �thank you for your email,� and that�s the end of the conversation. I don�t know if I need to go above his head to see what�s going on or really what to do. When I ask to meet with this person to discuss these issues, he tells me he�s too busy. I feel like he�s personally making it impossible for me to get past a certain point in the hiring process and I�m not sure why because I don�t personally know him. I really need to know how I should handle this situation because I really want to work at this facility and I feel like there is absolutely no reason I am not being hired.

Frustrated RN


Asked on 1/23/13, 6:13 pm

2 Answers from Attorneys

Neville Fernandes Norcal Employment Counsel

That is a difficult situation. It is hard to prove a failure to hire case because of the very situation you are experiencing. An employer will not always admit what the true reasons are for failing to hire you. It would be easier to prove something if you can show that all of the people they hired were from a different ethnic group and that they generally fail to hire people from your group. You should speak with an employment lawyer.

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Answered on 1/23/13, 7:21 pm
Terry A. Nelson Nelson & Lawless

It is discrimination when you can prove that you are a member of a protected category [race, age, gender, ethnic, religion, etc] under the Civil Rights Act, and can prove that an adverse action such as job denial was motivated by bias against you "because of" your protected category membership, and can prove that adverse action was taken despite you being at least as qualified in ALL respects as the persons hired. Generally difficult to do, since you don't have access to personnel records, interview panels, resumes, etc of others hired. Barring HR or mgmt or someone in position to know admitting they won't hire you because you are a minority, it will have to be really obvious as to the 'discrimination' facts. Remember, you have no 'right' to be hired. Such decisions are entirely up to the employer to choose whom they want to represent them, subject only to the Civil Rights Act. They may not like your looks, attitude, speech, hair, mannerisms, etc., and that's all perfectly NON discriminatory. If you seriously think you can prove those required issues as described, feel free to contact me to discuss your evidence and proof..

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Answered on 1/24/13, 12:51 pm


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