Can an Employee Who Uses Fake Social Security Card to Get Hired Later Sue for Discrimination?

Well, we’re going to have the answer to that question soon from the California Supreme Court.

The case is entitled Salas v. Sierra Chemical (Case Number S196558).  The issue in Salas is whether an employee’s claims for discrimination under California’s FEHA can be dismissed on grounds of “after-acquired evidence” and “unclean hands” when that employee provided false documentation in order to get hired. 

Back in 2011, the California Court of Appeal issued its decision in the case, ruling that the employee’s discrimination claims were, in fact, barred.  You can read the appellate court’s opinion here.

The California Supreme Court set oral argument in the case for Wednesday, April 2, 2014 at 9:00 a.m. in Los Angeles.   I expect the Court’s decision in Salas around July 1, 2014 — so stay tuned!

For more information about the case and its docket in the California Supreme Court, go here.