The Hiring Procedures



Employers do have their prerogatives to hire only the most qualified job applicants for a particular position in their companies. However, as the federal law provides, it is definitely prohibited for them to make their decisions based on the traits and personality of an applicant that are not related in the job position. The labor law provisions forbid employers to discriminate their employers according to their:

•Race

•Gender

•Age

•Marital status

•Nationality

•Religious affiliation

•Disability

In addition, it is unlawful for a company interviewer to ask questions in relation with the applicant’s marriage plans, number of children, sexual orientation and even his place of birth.

All the questions should be pointing to the applicant’s capability and skills such as his former work and educational background, if applicable. Yet, in some cases, the interviewer may also determine whether the applicant has been convicted in any crime.

The Actual Employment

In California, workers are guaranteed of the following rights and protections:

•It is the obligation of the employers to provide a safe and protected workplace for their employees. Hence, any injuries and harms incurred by their employees due to the presence of hazards in the workplace might considered as their fault and might result to lawsuits filed by the affected employees.

•All employees are entitled of worker’s compensation if ever they have died or sustained injuries in any accident involvement that are related to work. This is without even resulting to the filing of formal cases in court. The amount of remuneration would be based on the extent of the damage – whether partial or total, temporary or permanent.

•Employers, along with other co-employees, are not supposed to perform unwelcome sexual advances in whatever form. Generally, women workers are the target of these malicious conducts.

However, some reports stated the occurrences wherein men have been the victims of sexual harassments.

•Similarly, the employees are also protected against discriminative actions based on the classes stated in the hiring procedures. These include promotions, task assignments, wages and benefits, terminations, etc.

Therefore, it is indeed wrongful to terminate an employee without any valid reasons such as contract violations and poor job performance. All employers must also follow due process in discharging their workers.

•Employees also have the privilege to utilize their 12 weeks of unpaid leave for the reasons stated in the Family and Medical Leave Act.

Filing a Lawsuit

For any of the aforementioned reasons an employee’s rights has been violated, he is very much eligible to file his lawsuit against his ill-mannered employer.

However, due to the many intricate law provisions and procedures involved in pursuing a case, it would be advisable for him to consult a qualified California employment lawyer before proceeding with his case. This is also to make sure that his employer would not perform any acts of retaliation against him.