QUESTION: Right to work

question / pregunta: 

Only qualified finalist to be denied interview and upon filing EEO complaint was told it was discretionary and the Human Rights Commission did not have to have a reason.

Does the right to work status in San Francisco allow secret discrimination by discretion and is this protected vis a vis a private party not a union member?

Glad to help in return.

Answers


Answer posted by:
mfitzgibbons

I haven't really come up with an answer to this question, but to share a few thoughts:

I'm not sure that it's possible to find anything that says that discrimination is "allowed," but perhaps it might be possible to find arguments that correlate "right to work" laws with discrimination.

Here are a few starting points:

-Raymond L. Hogler, The Historical Misconception of the Right to Work Laws in the United States: Senator Robert Wagner, Legal Policy, and the Decline of American Unions, 23 Hofstra Lab. & Emp. L. J. 101, 105 (2005–2006). PDF

-AFL-CIO website: "Right to Work for Less"

QUESTION: Right to work

Is the job in question in the public or private sector? If in the public sector, there are most likely civil service regulations that shape the interview process and determine the amount of discretion the employer has in granting interviews. For more information, you can contact the City and County of San Francisco Civil Service Commission at [email protected]

If the job is in the private sector, and you have already consulted your local EEOC office, I would advise you to contact a lawyer specializing in labor and employment law, or the Legal Aid Society's Employment Law Center at http://www.las-elc.org/index.php.

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