Is this discrimination

[SarahRose]

When I interview people it is normally done in a panel and this one man always asks overweight applicants questions about their mobility. Like he asked one woman who was maybe a size 16 if she was capable of taking the stairs or standing for long periods of time. Ummm this is IT you sit at a desk all day! He does not ask the average weight people those questions. Should I question him about this?

[Star Gazer]

If it's a requirement of the job for which the person might need a reasonable accommodation, then those are reasonable questions. And I think that's exactly what those questions were designed to do.

 

Most attorney job descriptions require that you be able to stand for hours on end and lift up to 50 pounds. However, I spend the majority of my time at my desk, at a conference room table, or in my car on the phone. Those requirements are there to cover for the times when I'll be in trial (standing for long periods during questioning or opening/closing) and carting around evidentiary boxes.

 

So no, I don't think it's discriminatory. Besides, if he wanted to discriminate against her based on her size, he could do that just by looking at her.

[Cee]

What you are describing is a violation- I would guess based on sex, but it might be an ability of ADA issue. There are specific ways to address ability in a job and it's not by looking at somebody and asking questions. Every person interviewed should be presented the same physical requirements of the job. But it's tricky. Remember that there's the ADA and "reasonable accomodations."

 

I don't want to have you wade through EEOC stuff, but let me quote this:

 

Prohibited...

 

"employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities, or based on myths or assumptions about an individual's genetic information"

 

http://www.eeoc.gov/facts/qanda.html

 

The guy is not only acting like a prick, but also violating federal law. I suggest you talk to the guy. Maybe he doesn't realize he's doing and will apologize and stop.

Edited November 19, 2010 by Cee
trying to be nicer

[Star Gazer]

Cee, this guy is asking overweight applicants this question. Being overweight is not a protected status under federal law, the way gender, age, sex, religion are.

 

Further, being overweight is not a "disability" under federal law either.

[johan]

Sue him. But don't hire Star as your lawyer.

[spiderowl]

I think you'd need to refer to your own country's employment laws to see whether he is technically breaking any law, but I doubt he could justify this. A slim person could have a hidden disability that would prevent them from being able to do the things he is asking so there is no real sense behind his questions. He should ask all the candidates the same questions if he really wants to know what they are able to do. If he asks overweight people questions he doesn't ask other candidates then he is certainly giving them a different interview. In my institute, candidates are all asked exactly the same questions so that there can be no discrimination. What he's doing sounds pretty repellant and not rational; no wonder you feel uncomfortable about it. The interview should be about the job being advertised. If that job doesn't demand strenuous physical tasks, then it would be hard to justify the kinds of questions he's asking.

[Got it]

In interviewing you ask everyone the same thing. If he is asking a select few then he is discriminating. While, in the US, weight is not currently a protected it is now protected in CA.

 

But there are possible ADA issues as well. Nevertheless he is in the wrong.

[creighton0123]

When I interview people it is normally done in a panel and this one man always asks overweight applicants questions about their mobility. Like he asked one woman who was maybe a size 16 if she was capable of taking the stairs or standing for long periods of time. Ummm this is IT you sit at a desk all day! He does not ask the average weight people those questions. Should I question him about this?

 

An IT position often requires employees to engage in a certain level of physical labor. Carrying systems across the building, running wires, getting beneath desks to set up/take apart systems. It isn't all laptops. Sometimes, the work can involve moving bulky servers and/or heavy backup devices and UPS machines.

 

If someone who is physically disabled and can't walk applies for a position as a letter carrier, similar questions can be asked without discriminating based on said disability. If someone wants to work a desk job requiring input of readable data into a computer system, it is legitimate to ask similar questions of a blind candidate.

 

Then again, I wouldn't imagine a person who is size 16 to have any problems doing the tasks listed required of IT staff. Of course, the same coworker on the panel should ask this question of everyone. I would talk to the panel employee in private and mention that for his own sake, he should ask this to show that he is in the clear.

 

Hell, I once worked in a tannery that required a significant amount of heavy lifting. As a young man, I was exceptionally skinny (5'10 and 120 lbs). They asked me if I could do it before hiring me. They loved it when I responded "Yeah. I'm much stronger than I look. Care to test me?"