employment discrimination laws in CA, employee's rights for employer discrimination

San Francisco, CA Viewed 349 times. Posted about 1 year ago in Discrimination

Labor discrimination: Company A receives a inquire about a VP position from an employee from Company B.

Employee is highly qualified and HR of company A wants to bring him in for an interview. However, HR has a directive that no person employed at company B will be considered for the position even if employee from Company B initiates inquire about job or even if employee resigns and then applies to job.

One other fact. Company A has hired a CEO from company B 4 months ago which means policy was put in place AFTER this hire.

Apart from clearly been discriminatory to exclude a large number of people with no basis, is it legal to discriminate on these basis? - Is this your question? Add additional information

Answers (2)

Robert M Fortgang

This attorney is licensed in Connecticut. Posted about 1 year ago.

Not all discrimination is illegal. While additional information is needed, it may be that the hiring away of a CEO from Company B touched-off a fire storm of litigation involving allegations of post employment restrictive covenants such as "non solicitation" "non piracy" "breach of confidentiality" to name just a few. For the involved employee it could mean being sued by his/her former employer. For the new employer, it could mean a lawsuit alleging tortious interference with contract.