On a number of occasions I have said, and written, that an employer can refuse to hire someone because of their appearance. As I recently discovered while being interviewed for an upcoming article, technically, I’m wrong but also, technically, I’m right. Years ago I was in Barnes and Noble heading toward the Customer Service desk. As I approached I realized there was a commotion going on. There was a young woman, probably 18 or 19, screaming at the store manager because he refused to give her a job application. “You’re discriminating against me!” she yelled. Clearly, the manager was not having any luck getting her to listen or leave so I decided to help. “I’m an executive recruiter and career counselor,” I told them. They both stopped and looked at me. “And you are absolutely right, he is discriminating against you.” I paused long enough for the manager to turn white. “And it’s perfectly legal.” “Have you ever been in a bookstore before?” I asked her. “Of course I have!” “Have you ever seen anyone who looks like you working at a bookstore?” “No,” she said, her voice quieting. “And there is a reason why. An owner or a manager has the right to determine his corporate image. You are not it. He’s not discriminating against you because you’re a woman, because you’re young,” she was wearing a cross so I added, “because you’re Christian. He’s discriminating against you because you are covered from finger tips to your neck and I can only guess how far down, with tattoos, and there does not seem to be a place on your face where there is room for another piercing. Think of it this way, have you ever seen anyone with bad teeth working in a dentist’s office? Bad skin working for a dermatologist? An obese person working at a health club? A smoker working for the Cancer Society?” “So where can I get a job?” “Grocery story stacking shelves, maybe working the checkout. I really don’t know. A tattoo parlor. But certainly not a professional office or a place attracting professionals and families. Look at the faces on the children walking by. They don’t know what to make of you.” At this point she was practically on the verge of tears. “Look. You made the decision to do this to yourself. It’s not as though you were burned or injured in a car accident. It was your decision and you have to live with the consequences.” With that she left and the manager came over to me. “I wanted to kill you,” he said with a smile on his face, “but thanks.” That’s the background. Here’s the story with the interview. It’s a piece that should be (it’s not definite so I’m not naming the publication, but if you visit the Media Center page on my website, they’ll be a link when it’s available) coming out next month on discrimination against the obese. My initial reaction was what I told the woman at Barnes and Noble, you can be “discriminating” based on appearance without “discriminating” in the legal sense. The obese are not a protected class, I said. And that was my mistake. The obese and the very tall or short are protected persons. On the US Equal Employment Opportunity Commission website, there is a page, “Pre-Employment Inquiries and Height & Weight,” which is clearly designed as a “Don’t contact us about this nonsense” warning. “Height and weight requirements tend to disproportionately limit the employment opportunities of some protected groups and unless the employer can demonstrate how the need is related to the job, it may be viewed as illegal under federal law. A number of states and localities have laws specifically prohibiting discrimination on the basis of height and weight unless based on actual job requirements. Therefore, unless job-related, inquires about height and weight should be avoided.” In other words, don’t bother them if you are too short, tall, thin or fat to do the job. So a short person, who can’t lift boxes that are five square feet in size because they are bigger than he is; a tall person who can’t fit in the existing work area because the ceiling is too low, the thin person (I can’t think of one for this so you fill it in!)… or the fat person who isn’t getting an interview to be a flight attendant, should not bother the EEOC. It’s not discrimination! So what’s BFOQ? Bona Fide Occupational Qualification. If it’s related to the person’s ability to do the job, the rejection is not job discrimination. You can discriminate on the basis of age in hiring police officers or fire fighters. Do you really want a 65 year-old running after the mugger or trying to carry you out of a burning building? Even pilots can’t captain commercial aircraft if they are over 60! The beauty of BFOQ is it has to be plain and simple, not some legal spin. Returning to my original thinking, the bookstore manager can reject the tattooed woman because she was scaring the children and, I hasten to add, making the mothers uncomfortable. (Personally, just looking at her – especially the piercings and the one in the tongue – made me nauseous.) So while it might not be for “corporate image” reasons, it was definitely because she would not be able to do the job. You can’t sell books or attract customers if people are uncomfortable looking at you. But I repeat, that was her decision. (And I am not going to get into the issue of whether or not someone who would do that to herself has psychiatric issues and therefore should be protected under, for example, the Americans with Disabilities Act.) My reaction if she had burns, or was a disabled vet, would be entirely different. In that case, I would say hire the person and use it as a learning experience for children and their parents. Image Credit: Shutterstock
I recently worked on a pro bono project for a friend, and it reminded me of a time early in my career and how lucky I was then to get such great advice from the more seasoned pros around me. Advice that ultimately saved me from some major pitfalls. I made mistakes here and there over the course of nearly 20 years of projects, but with each hiccup came a lesson. Here are some takeaways from my lessons learned and all that sage advice.
Questions Equal Clarity
Clients come to us designers for our expertise, and it is our job to guide them through the process. We are helping them find clarity about their vision and goals for their project. To do that well means asking questions! It is important to remember that not all clients are going to be good at communicating their vision—and that's okay. You can still work with them and get amazing results by asking them lots of questions and following up on those answers with more questions until you're both on the same page. This dialogue will help set clear expectations for project scope, deliverables, and everything in between while avoiding frustration for both parties.
Think about the word 'classic.' Now think of five things that could be described as 'classic'—it probably varies wildly, right? So, which version does your client imagine? You could guess… or you could clarify with more questions like "Can you show me an example of what 'classic' looks like to you?" or "What makes this classic?" And so on. It's a silly example, but it illustrates just how subjective descriptions can be and how necessary it is to have good communication between you and the client. Remember that your clients don't do this for a living, so asking questions will help you get to the root of any issue quickly with less time spent guessing. And no, it won't look unprofessional if you ask a lot of questions, but it will make you a better creative.
Collaboration For The Win
On one side of the table, you have a designer with knowledge and experience. On the other side of the table, you have the client who knows their business, audience, and goals. As creatives, we have to remember that we are on the same team as our clients and aim at collaboration over confrontation. Design should be a collaborative process: both parties are at the table with different perspectives and different knowledge to contribute. It is this diversity of viewpoints that will make the creative stronger and your client ultimately happier.
When you work collaboratively with your clients, they'll often tell you what they need before even realizing it themselves—and sometimes, those needs are things that they didn't even realize they wanted until after having talked it through with someone else! This is because people often have trouble articulating what they need out loud (even if they think they know exactly what they want), so getting clients involved in the process can help ensure that everyone's needs and project goals are met.
It all boils down to communication. Everyone at the table, both clients and designers, want to feel heard and respected. Good communication and listening skills are a way to ensure that clients understand that they don't need to be designers themselves, but they are still contributing meaningfully to the project. This helps keep them fully invested in a great outcome.
Contracts Are Your FriendPhoto by Cytonn Photography on Unsplash
Contracts can help you set clear expectations for both parties. The best way to protect your business and make sure you don’t get burned by a client is to have a signed contract before doing any design work. If you’ve ever been burned by a client (or had to fire one) it’s probably because you didn’t have a contract in place when you started the project with them.
As a designer, it can feel a little awkward to send a contract and you may be tempted to just dive right into the work even when a client hasn't signed a contract. But there are several reasons why you should always, ALWAYS get a contract signed before doing any design work.
First, this will help you protect yourself from scope creep. Clearly defining the project scope is essential. If the client wants to add extra elements or changes their mind four times about what they need to be designed, it's much easier when you have a contract and clearly defined deliverables to say, "Sorry, but we have to go back and renegotiate the scope of our agreement." This way, you won't end up doing more work than you agreed on.
Second, a contract will help your client trust you. When working with someone new, trust is everything—and they need to know that they can rely on what you say and how it will be delivered. A contract helps build that trust by setting expectations around quality and deadlines.
Third, contracts help clarify your client's definition of "done." If there are any questions about what constitutes acceptable deliverables for them (or if their definition changes), it's much easier for all parties involved if those questions are answered in writing before any work begins.
Finally, if something goes wrong and you need legal help, your contract can help prove that you did what was agreed upon in the first place or at least show that there was an agreement in place.
Go With Your GutPhoto by Paolo Bendandi on Unsplash
You were built with intuition; use it! Learn to trust your gut when working with clients. I've found that clients who don't seem like they are being straight with me are often problematic. I don't run into these issues very often these days because time and experience (and a good contract) have made me better at spotting potential issues. When I meet with clients I make mental notes of red flags and green lights. Red flags are the things that a client or potential client might do that give you a moment of pause or make you worry a little. Green lights are, of course, the opposite.
Red flag clients will push boundaries like expanding the scope of work but expecting the cost to stay the same, or delaying payment in an attempt to negotiate a lower price after the work is done despite being happy with the project results. Sometimes it is better to pass on a problematic project; it leaves you open to take on a great one. That's a hard pill to swallow when you are first starting out because you are excited and want to take on as many paying projects as possible. I simply urge you to beware. If something doesn't feel right about a client then it is probably your intuition throwing up a red flag.
Ultimately, it is up to you if you take on the project. Just remember, if you do decide to proceed, get a deposit to start, have a signed contract and make sure it is specific with a detailed deliverables list.
Followthrough Is EverythingPhoto by Josh Hemsley on Unsplash
Last but never least, this one seems like a no-brainer to me but I feel it is essential to call out. Deliver on everything that you say you will do for clients—and do it with a smile! I can't stress how important it is to nurture relationships and build a reputation of being trustworthy, reliable, and awesome to work with. When clients trust you, life just gets easier. They will value your design decisions more easily, they will continue to work with you, and they will recommend you to others that need your services. I promise it is a win-win.
You’ve made it through the rigorous interview process successfully and the organization has extended you an offer for employment. Congratulations! Now, it’s time to take a better look at what the offer includes.
Here are some tips for understanding the job offer letter:
In most cases, the offer letter should include information about how you will be paid. This may state the frequency of paychecks, whether you will be paid hourly or on a salary basis, and if you will be eligible for commission or bonus payments. In most cases, your compensation will be stated before taxes, so your take-home pay may be very different than what is stated in the offer. If you need help in determining how much you will actually be bringing home in each paycheck, you may want to consult an accountant or ask your HR representative to help you with the calculations.
For commission-based positions, it’s wise to ask about draws and how often commission checks are issued. Some companies only pay commissions one time per month, so it’s important to know this information up front for budgeting purposes.
Details About The Job
A job is much more than just a title, so many companies include information about the daily responsibilities or some type of job description. You should understand the schedule for the job and what will be expected of you. If this information isn’t included, ask the hiring manager for a copy of the job description. This doesn’t mean that it’s written in stone and you will only be required to do those things listed in the description, but it is a good starting point to learn about what you will be doing when you start the position.
If your position is full-time, it’s likely that you will be offered some type of benefits package by the employer. You should pay careful attention to what is offered because these benefits can actually add significant value to the overall compensation package.
Look for information on insurance plans, 401(k) or other retirement savings plans, and other benefits offerings that may be available to you. Employer-based benefits plans can actually add significant value to a position. Some companies offer matching for their retirement savings plans, contributions towards insurance, and tuition reimbursement. If you take advantage of any or all of these options, you may end up with a much more lucrative position than was initially indicated in just the compensation portion of the offer.
Some employers include information about the next steps in their offer letters. For example, if you must undergo a background check or drug test, that information may be included in the offer letter. The letter may also indicate when you can start or how to determine your start date. Now is the time to ask questions if something is unclear or if you need additional information.
Don’t accept the offer if you’re unsure of what the position entails. The recruiter or hiring manager should be able to answer these questions before you start. Good luck finding your next job, and make sure you fully understand the job offer before you accept it!
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This article was originally published at an earlier date.