University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Guerrero v. Cal. Dep't of Corr. & Rehab IM-CA-0076
Docket / Court No. 3:13-cv-05671 ( N.D. Cal. )
State/Territory California
Case Type(s) Equal Employment
Immigration
Attorney Organization Legal Services/Legal Aid
Case Summary
On December 9, 2013, a United States citizen of Latino national origin filed this lawsuit in the United States District Court for the Northern District of California. The plaintiff, represented by the Legal Aid Society Employment Law Center, asked the court for compensatory damages and injunctive ... read more >
On December 9, 2013, a United States citizen of Latino national origin filed this lawsuit in the United States District Court for the Northern District of California. The plaintiff, represented by the Legal Aid Society Employment Law Center, asked the court for compensatory damages and injunctive and declaratory relief, claiming employment discrimination under Title VII, 42 U.S.C. § 1983, and state law against the state of California.

Plaintiff had applied for a job as a Correctional Officer with the California Department of Corrections in 2011. He claimed that he was unlawfully removed from consideration because he reported in a background questionnaire that prior to becoming a permanent resident and then citizen of the United States, he used a social security number that was not his own to obtain work. Plaintiff paid all required taxes using an Individual Taxpayer Identification Number (ITIN) until he obtained his own social security number. He was reportedly removed from consideration because his use of a fake social security number was deemed to "show a lack of honesty, integrity and good judgment." A similar series of events occurred when plaintiff reapplied for the same position in 2013.

The state responded that questions about the use of a false social security number are necessary to conduct a thorough background investigation of candidates. The state also asserted that there is no Title VII violation because plaintiff's claim rests on immigration status and not national origin, and because the hiring statistics indicate there is no discriminatory effect on Latino hiring at the California Department of Corrections.

On May 7, 2014, the District Court (Judge William Alsup) dismissed plaintiff's Section 1983 equal protection and substantive due process claims, as well as the Title VII claim against the State Personnel Board, but denied motions to dismiss the Title VII claim against the California Department of Corrections and procedural due process claim. The District Court dismissed all state law claims without prejudice.

On July 17, 2015, the District Court (Judge Alsup) denied without prejudice plaintiff's motion for leave to amend, and directed plaintiff to engage in further discovery prior to his final opportunity to move to amend his equal protection claims and Title VII claim against the State Personnel Board. A third amended complaint has not yet been filed. Summary judgment proceedings are ongoing.

Samantha Kirby - 09/20/2014


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Defendant-type
Corrections
Jurisdiction-wide
Discrimination-area
Hiring
Discrimination-basis
National origin discrimination
General
Disparate Impact
Disparate Treatment
Immigration
Constitutional rights
Employment
National Origin/Ethnicity
Hispanic
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
State law
State Anti-Discrimination Law
42 U.S.C. § 1983
Defendant(s) California
Plaintiff Description Latino-American man, who became a U.S. citizen in 2010, who was deemed ineligible for a Correctional Officer position for having previously used an SSN that was not his own.
Indexed Lawyer Organizations Legal Services/Legal Aid
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
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Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
3:13-cv-05671-WHA (N.D. Cal.) 09/12/2014
IM-CA-0076-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 12/09/2013
IM-CA-0076-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Second Amended Complaint 02/26/2014
IM-CA-0076-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting in Part and Denying in Part Motions to Dismiss Federal Claims and Dismissing All Claims Brought Under California State Law 05/07/2014 (N.D. Cal.)
IM-CA-0076-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Alsup, William Haskell (N.D. Cal.)
IM-CA-0076-0003 | IM-CA-0076-9000
Ryu, Donna Miae Court not on record
IM-CA-0076-9000
Monitors/Masters None on record
Plaintiff's Lawyers Chien, Marsha Jade (California)
IM-CA-0076-0001 | IM-CA-0076-0002 | IM-CA-0076-9000
Ho, Christopher (California)
IM-CA-0076-0001 | IM-CA-0076-0002 | IM-CA-0076-9000
Defendant's Lawyers Bacskai Egel, Dorothy I. (California)
IM-CA-0076-9000
Neri, Miguel Angel (California)
IM-CA-0076-9000
Tigno, Fiel D (California)
IM-CA-0076-9000
Young, Christopher M. (California)
IM-CA-0076-9000
Other Lawyers None on record

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