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Was this discrimination? chances of winning this case at DFEH / EEOC?

Santa Clara, CA |

I recently had an interview, and the manager indicated to me multiple times that I was the right person he was looking for because of my strong experience and background.
However, there were 3 questions the manager asked, that made me feel very uncomfortable not only because those questions are illegal, but also because I could not say anything because I wanted the job:
a) are you a us citizen? The manager knew from the beginning I was a US citizen because it was stated via phone and in my resume very clearly.
b) Manager made remarks about my accent, and said that my accent would not be a problem because I would not have to speak with clients.
I know I have a small accent because I was not born in the US but I felt disrespected by that question since I'm very fluent in English.

c) Manager asked me were was I born. Manager indicated that I was one of the 2 candidates he wanted to hired, but he extended the offer to another candidate. If other candidate refuses the offer, then he will give it to me. If the person Manager hired is a person that is more qualified than me, then that would be fair, but if not then that would be very unfair and discriminatory. (I would not be surprised if manager hired a person that is not a minority). I felt discriminated against because of being a minority , for my national origin, and accent. A) My question is what are the chances of winning that case at the DFEH / EEOC? B) what type of proofs will be beneficial in this type of situation? I would appreciate your feedback on this. Thank you.

Attorney Answers 2

  1. You provided a few sentences of information, and it really is a legal impossibility to predict your chances of success with the Department for House employment of EEOC. If you really believe you have been a victim, then you should file a complaint and let the State and/or Federal Agencies do their job. They will do a thorough investigation and review all the facts and evidence and make a determination in regard to your likelihood of success. If they like your case, they will pursue it without cost to you. To give an opinion before the collection and evaluation of all available evidence would be far too premature.

    This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.

  2. Discrimination on the basis of national origin is against both State and Federal antidiscrimination laws. I hoe you're not expecting a lawyer to say you have, for example, a 47% chance of winning a discrimination case. If it were that easy, no case would ever get past the starting gate. Everything would immediately settle. Cases are based on facts. We have a few lines from you. You need to spend some time with a lawyer who can dig a little deeper. BTW, you can go to EEOC or DFEH on your own without a lawyer if you choose to. Personally, I'd rather you talk it through a bit with a lawyer before going to the government agents because there are potential pitfalls when you talk to them and fill out forms.
    But, maybe none of this matters. Until the other person starts work, you have not suffered what lawyers call a "job detriment." As I understand it, you still might get the job.
    Good luck.

    This answer is made available by the above lawyer for educational purposes only. It is also offered as a public service to give you general information and a general understanding of the law. This answer is not intended to give you specific legal advice. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. And, no attorney-client relationship has been formed. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance.

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