If someone says they will not hire you because you won't tell them you're gay or disclose your sexuality is that legal?
Escondido, CA |
I had an attorney who owns a mediation company tell me he would not hire me unless I admitted to him about being gay and discuss my sexuality. He said that he couldn't trust me as an employee if I wouldn't talk to him about it. Is this legal?
Only if the answer to the question pertains to a bonafide duty of the job, e.g., if you are applying to be a clergyman or work for a religious employer in a denomination that does not recognize homosexuality as a valid lifestyle. For the position you described it does not appear to be a valid bonfire condition of employment and may be unlawful discrimination against you based on a perception of your sexual orientation. It does not sound like he is declining to hire you because you are or are not gay, rather that he demands complete honesty. To really analyze this situation more details are necessary. I recommend that you consult an attorney in California that deals with sexual orientation discrimination. in your area.
Best of luck!
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It is illegal in California to ask questions that are not job related. Sexual orientation is not job-related. It is furthermore illegal to refuse to hire someone because that person did not want to answer a non-job related inquiry. The Fair Employment & Housing Act ("FEHA") and its regulations prohibit all of these things.
If you believe that you have been denied a job because of a non-job related inquiry, and you decide that you want to take action, make sure to do so within your statute of limitations, or your rights may be lost forever.
I hope this information is helpful to you.
Craig T. Byrnes
Disclaimer: Please be aware that I am not offering legal advice, nor forming an attorney-client relationship with you. I am not representing you, nor doing anything to protect your legal rights. If you believe that you have suffered a legal wrong, take action before any statute or limitations expires, or your right to do so may be lost forever. Good luck in your legal matter.
Think hard about the mechanics of the legal process and the fact that as complainant you will be required to prove your contentions with evidence. Then make an affirmative decision as to whether this is something that you choose to pursue.
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Please do not call or email me with a “few questions.” I give advice, make recommendations, and answer specific questions only after reviewing the documentary record and other evidence applicable to a specific client, and only in the course of or following a conference with my client in which all of the relevant information can be identified and developed.
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