Legal Question in Employment Law in California

I submitted my resume for a position but the employer disregards it and would not interview me. The resume has every single requirement (both mandatory and preferred) listed in the job advertisement, and in my cover letter, written in perfect English, I comment on each of them and explain how I satisfy them. Therefore, it must be that they are rejecting me be for a reason other than job qualifications (for example, ethnicity - all the employees in the firm are of the same ethnic group, different than mine). \n\nIs it legal for them to do this?


Asked on 7/28/09, 5:49 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

"must be"?

That's for you to prove, not merely speculate about. If you can prove your ethnic background was a substantial factor in their employment decision, then yes, that is 'illegal' discrimination. Proof is generally hard to come by, even for employees on the job, let alone you looking in from the outside with probably no evidence other than the 'coincidence' of their alleged ethnic majority. Your speculation doesn't count as proof of motive. Maybe you have an inside source at the company willing to testify they discussed you and acknowledged it was an 'ethnic thing' in rejecting you. All they have to say is they don't like you, your attitude, your look, your clothes, your education, your experience, etc, etc. and then the burden shifts to you to prove they are 'lying'. If you think you can, then feel free to contact me to discuss your rights and remedies.

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Answered on 7/28/09, 6:10 pm


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