Guerrero

FINDINGS OF FACT AND CONCLUSIONS OF LAW

INTRODUCTION

In this Title VII and equal protection challenge, a Latino applicant seeks relief after being twice denied employment as a corrections officer. This order includes the findings of fact and conclusions of law following a six-day bench trial.

PROCEDURAL HISTORY

Plaintiff Victor Guerrero, who is Latino, was born in Mexico and brought to the United States by his parents in 1990 at age eleven. In 1995, at age fifteen, Guerrero began using an invalid social security number, a made-up number, to obtain employment. Guerrero continued to use the invalid SSN until 2007, when he became a permanent resident and obtained a valid SSN. Guerrero obtained United States citizenship in 2011.

In August 2011, after becoming a citizen, Guerrero applied to become a corrections officer at the California Department of Corrections. After passing CDCR’s written and physical examinations, CDCR placed him on its eligibility list. The next step included completing CDCR’s background investigation questionnaire. Question 75 asked: “Have you ever had or used a social security number other than the one you used on this questionnaire?” Guerrero answered…