May 25, 2018 / 9:14 PM / 7 months ago

Woman who did not apply for job can bring failure-to-hire claim - Calif. appeals court

A woman who did not apply for a job with a California company that operates dental practices can bring a pregnancy discrimination lawsuit against the company accusing it of falsely telling her no position was available, a California appeals court has ruled.

A unanimous three-judge panel of the California Court of Appeal, First Appellate District in San Francisco revived Ava Abed’s lawsuit against Western Dental Inc on Wednesday. The panel said plaintiffs making failure-to-hire claims usually have applied for a job, but that is not necessary if they can show they were prevented from applying for prohibited reasons.

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