Bay Area Job Seeker Sues 49ers’ Eyewear Partner for National Origin Discrimination

In today’s job market, many employers tout their commitment to diversity and inclusivity, yet the reality for some job seekers can be starkly different. Discrimination in hiring is not always easy to spot, especially when disguised behind so-called business reasons. A Bay Area woman’s experience with the alleged discriminatory hiring practices of a popular online eyewear retailer brings these issues to the forefront. She filed a lawsuit against the company, claiming her application was rejected solely because she wasn’t born in the United States.

Alexandra Erman sued Zenni Optical, a glasses retailer that has partnered with the San Francisco 49ers. The lawsuit, filed in Alameda County Court, accused the company of refusing to hire her for a high-level human resources position based on her national origin. According to SFGate, Erman was born in France but has called the Bay Area home since the early 2010s. She is seeking over $25,000 in damages.

Erman claimed Zenni Optical’s recruitment process was tainted by bias. The company’s recruiter, working through the IntelliPro Group, allegedly informed her via a LinkedIn direct message that the company was not moving forward with her application because they “prefer a local American who knows the culture better.” Screenshots of the message thread were provided as evidence of national origin discrimination in the complaint.

Zenni Optical, widely known in the Bay Area for its partnership with the San Francisco 49ers since late 2019, has a prominent public image. With advertisements featuring star tight end George Kittle and a significant presence in local media, the company markets itself as a progressive and inclusive brand. However, Erman’s allegations regarding the company’s hiring process challenge its public persona.

For a job applicant, proving that an employer’s stated reason for rejecting them was merely a cover for unlawful discrimination can be challenging. However, a direct admission, such as the one allegedly made by Zenni Optical’s recruiter, can provide crucial evidence when filing an employment discrimination claim. Additionally, a skilled employment lawyer can help you build a strong case.

National origin is one of several characteristics protected under the California Fair Employment and Housing Act (FEHA). FEHA prohibits employers from making hiring, firing or other employment decisions based on where a person was born, their ancestry or any traits associated with their nationality. This includes discrimination based on a person’s accent, language or cultural background, unless an employer can demonstrate a legitimate business necessity for such a requirement.

There are many examples of how national origin discrimination can occur in employment. An employer may unlawfully ask job candidates questions about their tribal affiliation, birthplace or whether English is their first language. A recruiter may deny employment opportunities because someone was educated in another country, or a business may refuse to assign workers with accents to client-facing roles while claiming that customers prefer native English speakers.

Discriminatory hiring practices can have real, harmful consequences for job applicants. For workers who believe they have experienced discrimination, understanding their rights and seeking legal guidance is essential.

If you are struggling with workplace discrimination or other employment issues, McCormack Law Firm can help. While we are not involved with the Zenni Optical lawsuit, our dedicated San Francisco employment lawyers are committed to advocating for workers’ rights and holding employers accountable. Contact us today for a free initial consultation.