California Hiring Discrimination (Failure to Hire) Lawyers

In California, employees and job applicants are protected from discrimination in hiring under both federal and state laws. The primary state law is the California Fair Employment and Housing Act (FEHA), which is more expansive than federal laws like Title VII of the Civil Rights Act. FEHA applies to employers with 5 or more employees, and prohibits discrimination in employment—including hiring—based on race, color, religion, sex (including pregnancy, childbirth, breastfeeding, or related medical conditions), gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, medical condition, genetic information, age (40 and older), military and veteran status, or any other protected category recognized by California law.

Key Rights Under FEHA Regarding Hiring Discrimination

• Non-Discrimination: Employers cannot make hiring decisions based on protected characteristics. This includes not only refusing to hire someone because of such characteristics but also not favoring less qualified candidates due to factors unrelated to job performance.
• Equal Opportunity: Job postings and recruitment practices must be designed to provide equal opportunity to all qualified applicants without bias.
• Reasonable Accommodation: Employers must provide reasonable accommodation for the application process if requested by an applicant with a disability, as long as it does not cause undue hardship.
• Privacy and Dignity: California law also protects against invasive inquiries. For example, employers should not ask about an applicant’s health status, sexual orientation, or plans regarding family and pregnancy, except in very specific circumstances relevant to the job.

Examples of Hiring Discrimination

• Example 1: If a company refuses to hire a woman because they assume she will soon start a family and need time off, this is discrimination based on sex and familial status.
• Example 2: Not hiring a qualified candidate because they have a physical disability that does not interfere with the essential functions of the job, especially without considering possible accommodations, is disability discrimination.
• Example 3: A policy of not hiring individuals over 40 years old, based on the assumption that they are not adaptable or tech-savvy, constitutes age discrimination.
• Example 4: Rejecting an applicant of a certain race because of subjective criteria like “fit” that are influenced by racial preferences or stereotypes.

Victims of hiring discrimination in California can file a complaint with the Department of Fair Employment and Housing (DFEH), which can investigate the matter and pursue remedies such as hiring orders (requiring the employer to hire the complainant), back pay, or damages for emotional distress. They can also bring civil lawsuits for violations of their rights.

California’s laws are particularly stringent in protecting against hiring discrimination, reflecting the state’s commitment to diversity and equal opportunity in employment.

We understand how intimidating it can be to speak out against your employer, a large corporation, or others who may hold power over you. While legal cases can be lengthy and complicated, we will guide you through every step of the process, making sure you understand your options and can achieve a result you’ll be happy with.