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 ...
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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