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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

A law firm publicly states: “We will not interview or hire lawyers who identify as LGBTQ+.” Ms. Lina Cruz, a qualified applicant who identifies as LGBTQ+, applies for an associate position but is not interviewed; weeks later, the firm hires a non-LGBTQ+ applicant for a different role. A Bar complaint is filed alleging violation of CPRA Canon V, Secs. 1 and 4. Which of the following statements best captures the controlling rule, its application to the facts, and the likely Sanctions or remedies that may follow if proven?

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There is a clear violation of CPRA Canon V, Secs. 1 and 4; discrimination on sexual orientation in hiring is prohibited; the Bar may impose sanctions such as reprimand or suspension and require the firm to cease the discriminatory policy and interview the applicant or offer remediation. The Bar's remedy should be limited to private counseling for the firm, with no possibility of disciplinary action such as suspension or disbarment. The complaint should be dismissed because Ms. Cruz’s application did not advance to an interview; the hiring decision after an interview is what matters for CPRA violations. The controlling doctrine is that equality in the practice of law requires that no lawyer be denied opportunity based on protected attributes; sanctions may include corrective action, training, and potential disciplinary measures depending on the Bar’s findings.

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