Hot answers tagged

28

You might find the legal concept you're looking for is that of a Bona Fide Occupational Qualification (BFOQ). I am probably glossing over some subtleties but my understanding is that you can discriminate against protected classes in some (all?) cases as long as you can show that it's related to a genuine qualification for the job. I don't know whether this ...


17

A person suffering a mental disability is entitled to accommodations in employment. See these various sub-pages from EEOC on the ADA Amentments Act 2008, and this guidance on what an employee's rights are. To wit, "you may have a legal right to get reasonable accommodations that can help you perform and keep your job". As they explain, A ...


12

If Hooters could prove that you never intended to accept the job, that would establish that you did not suffer any damages. You might also be charged with having abused the process of the court, and perhaps with perjury if you had said under oath that you did intend to take the job. If you already had a better-paying job, that would be evidence casting doubt ...


9

If being able to distinguish colors is a bfoq - Bona Fide Occupational Qualification - then you may ask about it or test it and disqualify people from hiring based on the results. In fact, a Jury found that color vision is a BFOQ for police but demanded accommodation and in that case the Appeals court denied accommodation is necessary. Other courts found ...


7

To file a lawsuit, you'd need to fulfill the proper BFOQ of the job offer that have been listed with the job offer. These can and will in some cases include gender or looks, especially in modeling. A more in-depth look I found in this paperN as well as the Duke Journal of Gender Law & Policy Let's look at some examples that are all legal: A man is ...


5

First you'd have to define what "positive attitude" means as a requirement. As someone who deals with moderate depression, I don't view this as being blatantly discriminatory. A positive attitude may mean they want smiles and upbeat tone of voice. It might mean that they don't want people going into fits of anger in the workplace. Then you have to ...


5

I'll differ from the other answers on a technical ground. Let's assume that in the OP hypothetical, the following assertions are true: The position description includes a "positive attitude" as a requirement of the position A "positive attitude" is not a business necessity for this particular position (from the question: "given ...


4

Can I ask a potential employee if they are colorblind? Yes. Sutton v. United Air Lines, Inc., 527 U.S. 471, 490-491 (1999) held that [A]n employer is free to decide that physical characteristics or medical conditions that do not rise to the level of an impairment—such as one's height, build, or singing voice—are preferable to others, just as it is free to ...


4

Maybe. It all depends. You assert without proof that jobs can be done with a bad attitude. But can they be done well enough if at all. I can envision some jobs that would fail without the proper attitude. Lack of a positive attitude can be a factor in most jobs as it affects all the other workers too. As companies focus more on teams and less on ...


1

It's discrimination, but it's not illegal discrimination. Only certain types of discrimination are illegal. Employers aren't required to hire people they can't use Employers are not required to accept people whose disability is fundamentally incompatible with their job. For instance, a submarine museum searching for a chief engineer has every right to snub ...


1

I think we're looking at the wrong end of this question. There seems to be a dispute between you and this customer on whether colour perception is required for the inspector's role. That is the point to resolve. If you believe that colour perception is a requirement, it would be legitimate to ask the question, and use that to select who to appoint. ...


Only top voted, non community-wiki answers of a minimum length are eligible