Los Angeles, CA asked in Employment Law and Employment Discrimination for California

Q: Went into a store cuz they had a hekp wanted sign when I preceded to ask of they where hiring a lady came up to me

and said oh the jobs not for you its for a guy??? Thus ia at a 711.. isnt that discrimination..?? Can I sue them for that?

2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Employment Law Lawyer
  • Westminster, CA
  • Licensed in California

A: Yes, if you can prove that you would have gotten the job without the unlawful gender limitation, you would have a meritorious and valuable claim. If you cannot prove you would have gotten the job, there is merit, but less value.

It would be wise for you to speak to an employment law attorney about this. Good luck to you.

Maurice Mandel II
Maurice Mandel II
Answered
  • Employment Law Lawyer
  • Newport Beach, CA
  • Licensed in California

A: It is illegal to discriminate in employment due to gender, unless there is a legitimate business reason. I have tried to think of a legitimate business reason that a 7-11 would have for a category of employee that must be male, and cannot think of one. There was a case called UAW v. Johnson Controls from the 1990s where a battery company, as policy, refused to allow a pregnant female to work with toxic lead batteries during her final trimester. This was found to be unlawful discrimination even though the company had the goal of fetal protection. I cannot think of a job at a 7-11 that a female cannot do as well as a male, including stock work. BUT you should know that most 7-11s are franchise operations and you will probably be suing a single store owner not the entire company. Contact a local employment attorney in your area.

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