Cal. Code Regs. Tit. 2, § 11081 - Employee Selection
(a)
Selection. So long as age is not a factor, this article does not preclude an
employer from selecting an individual who is in fact better qualified than
other applicants, and it does not preclude an employer from hiring an
individual on the basis of experience and training superior to other
applicants.
(b) Selection Based
Upon Seniority or Prior Service. So long as age is not a factor, it is not a
violation of this article for an employer, during the process of selection, to
give a candidate who has a record of seniority or time in prior service with
that employer preference over a candidate who has no such record or who has
less seniority or time in prior service with that employer. However, where
candidates for hire have the same record of seniority or time in prior service,
it is discrimination based on age, in selecting from among them, to refuse to
select a candidate because he or she is over 40.
Notes
Note: Authority cited: Section 12935(a), Government Code. Reference: Section 12941, Government Code.
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