Getting Answers : ‘I Wanted to File a Report, Not a Lawsuit’

RUTH M. LELCHUK

Orange

According to the letterhead of the State Department of Fair Employment and Housing, it is a consumer services agency with 11 offices statewide. I assume that means they exist to serve the consumers and/or taxpayers of our fair state with any questions or problems they may have pertaining to illegal discrimination in employment or housing.

Well, sort of, but not quite. They did indeed inform me about the legality of questions regarding sex, age and physical or mental handicaps on any pre-employment inquiry. And, as promised during my phone conversation with a “consultant,” an information packet was mailed to me immediately. I studied the pertinent information and, five days later, called to speak to a consultant, as instructed.

All I really wanted to do was report to Fair Employment that “X Corp.,” shall we say, was administering pre-employment aptitude tests that require applicants to state their age and sex. Additionally, one question in the lengthy test asked if the individual was subject to dizzy spells, another question that is illegal before a job offer has been made and accepted. I expected the agency to take this report, contact X Corp., state that a report had been made on certain pre-employment information they were requesting, and tell X Corp. to cut it out.

Wrong! It seems that I need to find out if X Corp. has filled the position for which I was interviewed and tested, the age of the person who was hired if the position has been filled, and then personally meet with a consultant to determine whether or not I really have a “case.” If I do have a case, Fair Employment will then send an inquiry to X Corp., requesting information on the reason I was not hired.

But I don’t want a “case”--in effect, a lawsuit! If I am not hired for that particular job, no corporation in their right mind is going to say, “Ruth is past 50, much older than what we had envisioned for this position!” Ruth will be unqualified in some other way, and no agency can ever prove differently. I want this state agency to simply contact X Corp., remind them of the law and keep a file on this company, noting that a complaint has been lodged. Why can’t this be done?

EARL E. SULLAWAY Deputy Director for Enforcement

Department of Fair Employment

and Housing, Sacramento

The California Department of Fair Employment and Housing, in fulfilling its responsibility to enforce California laws prohibiting discrimination, annually receives contacts from more than 200,000 persons who are concerned about employment and housing problems.

The major component of our program is the investigation of individual complaints of discrimination filed by persons who allege that they have been harmed by the acts or omissions of housing providers or employers. Unfortunately, our interviewer failed to understand that Ms. Lelchuk’s intent was merely to inform us of what she felt was a violation of the law, rather than to file a complaint on her own behalf.

Ms. Lelchuk’s perception about what she would expect to happen is exactly the policy followed by the Department of Fair Employment and Housing. When an unlawful pre-employment practice is alleged by a person who does not wish to file a formal complaint, a representative of the department will contact the accused employer and attempt to obtain their commitment to voluntarily terminate the alleged unlawful practice. If our informal inquiry confirms a violation of the law, and the employer does not voluntarily make the necessary change, the Department may file a formal complaint and pursue correction of the violation through prosecution.

We appreciate the actions of Ms. Lelchuk and the Los Angeles Times in bringing this matter to our attention.