Legal Question in Discrimination Law in California

employment disenfranchisement/dicrimination

I have worked as a machinist since 1974. That is until 9-19-01. At the time of the attack on our country I was working at an FAA repair facility. Prior to my working there I worked for the space and aerospace industry for 2 years, for a military contractor for 1 1/2 year, and for a brief time I worked for the shipyards on naval ships. Since my layoff from the FAA facility, I went back to college to expand my machining abilities by taking Machine Technology courses (full time).

Just before I got out of school for the summer break I contacted my exemployer and was told that they weren't looking to hire at that time and that they would contact me if they began looking. They never called. I have since learned that shortly after I contacted them they did indeed hire another machinist. Similarly I responded to an opening at the aerospace company that I formally worked for and the same thing happened. Subsequently I have applied at a number of companies and I have yet to get a response even though I am very qualified.

Something is inhibiting further employment for me. I suspect that my name,--name removed--(Arabic), has a lot to do with it. I am not Islamic.

Is it discrimination or not.


Asked on 5/28/03, 7:17 pm

1 Answer from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: employment disenfranchisement/dicrimination

Thank you for your inquiry, and I am sorry to hear about your unfortunate situation.

To give you the legal answer, MAYBE. You may be subject to discrimination, but the level of proof, through witnesses, documents, or other inferential proof, is the key to a discrimination case. You don't have, from what you've described, anyone that can step forward and show causation between the effects on finding a job in a tough job market and discrimination based upon your name.

If you did have that information, or other proof, that would make a big difference in proving what you need to prove in a discrimination case.

I hope that this helps, but if you need more information, have other questions, or feel that you need legal representation, please contact me directly at [email protected]. I�m happy to help in any way that I can.

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Answered on 6/04/03, 3:55 pm


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