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by anonymoushn 1631 days ago
The DFEH received an argument from the company along the lines of "The applicant did not fill out the official application on our web site, therefor they did not apply, therefor we did not discriminate against them" and agreed with it. So it's ok then for employees of the company to advertise an opening, to tell people that the way to apply for the opening is to email them directly, and to reply to the emails with rejections on the basis of gender, as long as some other part of the company also has some other application process!

I have not followed up on the issue because my disability means that I have extremely limited capacity for this sort of thing and spending enormous amounts of that capacity for a minuscule chance at like $10,000 seems like a bad use of resources. I'm also no longer able to follow up on it! I understand that if I wanted justice, I had to get it within 18 months.

Edit: I filled out the form at the DoJ. It would be sweet if something came of all this, even if I don't personally benefit.

1 comments

DFEH is understaffed by about 10000x because private attorneys do almost all of the enforcement. Get your right to sue letter, google “employment lawyer” and see if you have a case. They will do infinitely more than any government agency will.
I talked to a handful of these and they said I had a case and they hoped I could find someone else to take it. I really don't have the capacity to talk with a dozen lawyers to start a process that will take months and give me negative value. Also, my rights have expired.
I do not think rights in discrimination suits ever expire, for reasons you have cited exactly — the discriminated are usually in a disadvantaged position, don’t have the resources, time or the willingness. If an attorney told you your rights expire, was it your attorney? As in — were you paying them or was someone else doing the paying? Until you hear an attorney you pay say this, you probably have non-expiring rights.