Legal Question in Employment Law in California

Question regarding Employment Discrimination.

Recently I was Interviewed and offered a position if a credit/criminal check was passed. First time they told me no based on bad credit. Well they called me back and told me to Re-Apply that they had made their credit checks more leniant because of the economy (based on the fact theat they hired another person for the same position with bad credit as well). Well after going thru all of their pre-employment hoops again they (they being a single person in HR) denied me again, even after upper management was behind them hiring me. I was informed that the HR lady fought tooth and nail to not hire me and had even tried to pursuade the manager to change his mind based on some test I had taken (not drug).

Is it legal for them to hire other people with bad credit for the same position but tell me no? When I was the person best qualified for the position (based on the managers choice)? I have been told by a few people in the company that if they were to check their credit they wouldnt have a job. I really feel as though the HR lady is discriminating against me and I dont know why.


Asked on 1/05/10, 3:54 pm

1 Answer from Attorneys
Frank Pray Employment Law Office of Frank Pray

Well, discrimination cannot be for any motive, but only because you are in a statutorily protected classification. The facts do not indicate you are. These "denial of employment" cases are difficult to prove without a case being filed requiring the employer to produce documents and witnesses for examination. That's costly. Probably better to let this one go.

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Answered on 1/14/10, 6:32 pm


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