HOLDINGS: [1]-While failing to hire a prospective employee based on race violates public policy, specifically the California Government Code as well as the California Constitution, that prospective employee’s remedies are grounded in the California Fair Employment and Housing Act; [2]-Tameny requires the prior existence of an employment relationship between the parties upon which to predicate a tort duty of care, and because an employer did not owe any duty to a job applicant who claimed the employer failed to hire him based on race discrimination in violation of public policy, the applicant could not bring his failure to hire claim against the employer in a common law tort action and had to instead proceed under the California Fair Employment and Housing Act. Parties’ litigation attorney California appeal.
Outcome
Judgment affirmed.