Is it legal for the state to deny a job because of private school educational background?

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Is it legal for the state to deny a job because of private school educational background?

My wife went to a private school that does not exist anymore; the transcripts were lost. She is attempting to get a job with Madera unified school district to do a sub paraprofessional job. She has her AA for the city college. She has her diploma from her high school she went to which was a private school. The district is saying that the state is requiring the transcripts from her school to show that she graduated even though she has her diploma. She graduated in 1996. This was before the state made it required for private institutions to be certified. Do we have a way of fighting the state on this issue? My wife couldn’t control where she went to school at, her mother made that choice for her.

Asked on May 9, 2018 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, you cannot fight the state on this. Remember: all employment in this country is "employment at will"--that is, there is no right to be hired or to any given job. An employer may set any rules, requirements, etc. it likes for job applicatants and any criteria it chooses for hiring. If an employer requires a transcript from a school, that is legal, and there is no way to force them to change their requirement. Your wife would have to seek other employment where this is not an issue.


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