Employment Discrimination - Is it illegal?

Sam didn’t get hired for a customer service job at a sporting goods store. The manager said, “We just think taller people come across as more athletic and better for customers.” Is Sam being discriminated against?

• Yes short people have rights too

• Yes appearance is a protected class

• No height is not a protected class

• No -the store has high shelves

Amira, who wears a head covering, interviewed for a receptionist job at a law office. The office manager told her, “We want someone with a more all-American look at the front desk.”
Is Amira being discriminated against?

• Yes - religion and national origin are protected

• Yes - if she's a U.S. citizen

• No appearance is not a protected class

• No the business can decide the dress code

Kayla, who is 22, was chosen for a management training program over Tom, who is 56, even though Tom had more experience. The manager said they were “looking for younger energy.” Was this legal?

• Yes because Kayla is a woman

• Yes because Kayla might have more potential

• No because who knows what "younger energy" is

• No, age discrimination like this is illegal

Jenny, who weighs over 300 pounds, applied to work at a smoothie and fitness bar. She wasn’t hired, and a worker told her, “They’re looking for someone who ‘looks the part.’”
Is this legal?

• Yes, unless she has a medical condition

• Yes, weight is not a federally protected class.

• No, that’s body-shaming and illegal.
  

• No physical appearance is a protected class

Emily was fired from a retail job after getting a visible neck tattoo. Her boss told her, “That doesn’t fit our store’s image.” She believes it’s unfair. Is this illegal?

• Yes firing over physical appearance is illegal

• Yes since she is protected as a woman

• No employers can have appearance standards as long as its not against a protected class

• No only wrist tattoos are acceptable in workpalces

Hannah, who is deaf, applied to be a data entry clerk. The interviewer said, “Even though the job is mostly typing, I’m worried communication will be tough with the team.”
Is this legal?

• Yes teamwork is part of the job

• Yes because she can't perform the basic duties

• No - the employer must explore accommodations for Hannah's disability

• No because the interviewer didn't give Hannah a typing test

Marcus, who is mixed race, was passed over for a promotion. The regional manager said, “You’re great, but some of our older clients respond better to a certain image.”
Is this legal?

• No, race-based decisions are illegal

• No because Marcus is a man

• Yes because its what the clients want

• Yes because he is still employed

Sarah, who recently had a baby, returned from maternity leave but was told the company filled her position because she had to take leave and offered her another position, at a pay grade below her original position. Is this okay under the law?

• Yes, the business has to keep running.

• Yes because the business accommodated her leave and had a position for her when she returned

• No she should have been given a higher paid position when she returned

• No, demoting someone after maternity leave can be illegal under pregnancy discrimination laws.

Will interviewed for a job at a local insurance company. During small talk, he mentioned that Huntington’s disease runs in his family. A week later, the company told him they were "concerned about future health issues" and decided not to hire him. Is this legal?

• No, employers cannot make decisions based on genetic information.

• No because that was personal information Will didn't mean to share

• Yes, if Marcus voluntarily shared that information.

• Yes, if the company has a policy about health risks for insurance purposes.

Jordan, white, and Andre, Native American, both applied for a paid internship at a large tech company. Jordan had slightly higher grades and some more experience, but Andre was chosen. The company stated they were using affirmative action to increase opportunities for qualified candidates from underrepresented racial backgrounds. Was this legal?

• No, Jordan was more qualified

• No Jordan was treated unfairly

• Yes affirmative action can be legal when race is one factor among many

• Yes the company can choose whoever they want