No. 22-1187

Julia Keller-McIntyre v. California

Lower Court: California
Docketed: 2023-06-08
Status: Rehearing
Type: Paid
Tags: ada civil-rights disability-discrimination due-process employment-law equal-employment protected-status reasonable-accommodation rehabilitation-act
Key Terms:
DueProcess
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Are employers required to prohibit discrimination in the hiring process for applicants with protected status?

Question Presented (from Petition)

QUESTIONS PRESENTED Under California laws California State University Executive Code 1096, California Government Code ; 19230, and California Education Code 87102, and under National Laws 1973 Rehabilitation Act and 1990 Americans with Disabilities Act, are employers required to prohibit discrimination in the hiring process: * Specifically, does the employer have to interview/hire an applicant who has a protected status and is qualified and competent? Does protected status get preference? Is the Kleaver Decision legal? » Should the Involuntary Disability Retirement Statute, CA Education Code 89536.1, be removed from the CODE since it terminates and disables a protected status:disability and thus causes preclusion of hiring? Is this section of the state statute constitutional? Is it legal? Does it give due process of law? (Discrimination is defined in CSU EO 1096 as an adverse employment action against a protected status.) i

Docket Entries

2024-09-06
Motion for leave to file a petition for rehearing filed by petitioner DENIED.
2024-08-15
DISTRIBUTED.
2024-06-14
Motion for leave to file a petition for rehearing filed by petitioner.
2023-10-02
Petition DENIED.
2023-07-26
DISTRIBUTED for Conference of 9/26/2023.
2023-03-22

Attorneys

Julia Keller-McIntyre
Julia Keller-McIntyre — Petitioner
Julia Keller-McIntyre — Petitioner