Company Lies to Pregnant Trainee, Say's No Job Is Open. She Doesn’t Apply. Is This Discrimination?

Yes, according to a California state appeals court.

Ava Abed worked as an unpaid extern at Western Dental's Napa office in 2015 to fulfill a requirement of her dental assistant program at Carrington College. She took X-rays and sterilized instruments. She never told anyone that she was pregnant. Word got out, however, after a supervisor saw prenatal vitamins in her purse.

Later, she asked about a job opening at the Napa office. 
The same supervisor said there was nothing available. 
Relying on this information, she looked no further.

But this was an apparent lie. The company had posted a notice for a job at the office on its website.

The trial court dismissed Abed’s case reasoning that unless she applied, there could be no discrimination.

A three judge panel unanimously reversed this ruling last week. Justice Jim Humes wrote, “Employers who lie about the existence of open positions are not immune from liability under the FEHA (state’s employment discrimination law) simply because they are effective in keeping protected persons from applying.”

The case is Abed v. Western Dental Services, California Court of Appeal, First Appellate District, No. A150933.