Question:

Is it legal to imply that a candidate is already chosen before giving an interview in California?

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I know someone (Mary) who works for a non-profit organization (a church) who at work, found out that another person would be quitting and therefore they'd need a replacement. She found this out by speaking with the person who is quitting themselves (Susan). Susan told Mary that if she's interested, she should speak with her boss, Josh. 1 week after hearing about this, Mary speaks with Josh who tells her to email him since she's interested. She does so the same day. Josh, the very next day replies:

"I am getting all the info I need to proceed with hiring the position and will know more soon. I am interviewing for the position and would love to meet up if we get a chance. I do have some good ideas about where I want to go with this, but it would be great to talk."

2 days later, before even interviewing Mary, Josh sends her an email saying:

"I want to be up front with you, I have a strong candidate and will likely be extending an offer very soon. However, I would be willing to spend a half hour hearing more about your interest and skills, as long as you understand that I am leaning in this direction."

Mary was never even given a clear picture of the position and the position doesn't appear to be posted. Is this legal in California? Thanks.

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  1. This is not illegal.  Companies can interview when there is a position open, or not open, or almost filled.  Usually the hiring manager is less upfront about it.

    What law do you think is being broken?  It is certainly not discrimination law, based on what you wrote.  

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