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Guerrero v. Cal. Dep’t of Corr. & Rehab. N.D. Cal., No. 3:13-cv-05671

Articles Discussing Case:

eLABORate: Trial Court Finds Plausible Disparate Impact National Origin Claim Based on Use of False Social Security Numbers by Undocumented Aliens

Phelps Dunbar LLP • May 19, 2014
In Guerrero v. Cal. Dep’t of Corr. & Rehab. N.D. Cal., No. 3:13-cv-05671, a federal district court in California denied the California Department of Corrections and Rehabilitation’s (“CDCR”) Motion to Dismiss Plaintiff’s Title VII disparate impact claim, and instead found plausible the plaintiff’s disparate impact claim based on CDCR’s policy of refusing to hire applicants on the basis of a prior use of a false social security number. The claim alleged the policy had an adverse impact on a class of Latinos, a protected class based on national origin. The court rejected CDCR’s argument that plaintiff’s disparate impact claim was based on immigration status only, which is not a protected class under Title VII.