Legal Question in Employment Law in California
Turned down for a ''No experience Necessary'' job
My wife filled out an application for a telemarketing job advertised by a local company. The company runs constant advertising in our area seeking employees. All the ads feature the fact that ''No experience is Necessary'' for the job. After turning in her application, my wife was asked to come for a personal interview. At the interview, my wife was told that could not be accepted because she ''didn't have enough experience�. My wife has a strong eastern European accent, although her English is very good. Is it legal to turn down an applicant for not having enough experience when you specifically advertise the ''No experience is Necessary''?
1 Answer from Attorneys
Re: Turned down for a ''No experience Necessary'' job
Your question obviously is, "Can they turn her down because of her accent," i.e. a pretextual reason. The answer is perhaps. Although they're not allowed to discriminate based upon national origin, if her accent makes it difficult for a recipient to understand the caller despite her good command of English, perhaps that constitutes grounds to turn down an applicant unless she and all other foreign-born applicants with accents were denied employment.
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