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
Is your job search turning into a grind with no end in sight? It may be time to take a step back and reevaluate your entire approach.
In cold weather climates, the beginning of spring is a time to clean the house and get organized—a practice known as spring cleaning. Through the years, spring cleaning has taken on a larger meaning with people using the time to organize and declutter things in their lives.
For professionals on the job hunt, a little spring cleaning (metaphorically speaking) could be a great way to reinvigorate your job search. Here are a few strategies your job search spring cleaning should include.
Reevaluate Your Job Search Approach
BigstockMake a list of the last handful of jobs you applied for and see if you can identify any positive or negative trends. Consider things like:
- How did I learn about this job?
- How did I apply for the job?
- Did I earn an interview?
- What was the ultimate result?
A lot can be learned about your job search approach just by answering these questions and identifying patterns. For example:
Negative Trends
You discovered five jobs through job boards, applied to all of them via the job boards, and never heard back from any of them.
The common pattern here is applying through job boards. This isn't to say that job boards don't serve a purpose in the job search process, but they have their limitations, and you can't run your job search entirely off of them. When you apply through a job board, there's a good chance that your materials will never get past the applicant tracking system (ATS) and never be seen by an actual person.
One simple fix is to research who the hiring manager or recruiter is that posted the position and email your materials to them directly.
The more efficient fix would be to take a proactive approach by putting together a bucket list of companies that you want to work for and start making connections on LinkedIn with people who work at those companies. You may already know some people who work there or have connections that can refer you to some individuals.
This is a great way to network your way onto a company's radar.
Positive Trends
You applied to three jobs via referral, were invited to two job interviews, and made it through multiple rounds of interviews for one of the jobs before being passed over for someone with a little more experience.
The pattern here is that getting referred to a job by a professional acquaintance is a great way to land a job interview. This indicates that you're leveraging your network well and you should continue to focus on your networking efforts.
The next step is to review the interview process and determine what went well and what needs to be improved. Sometimes the interviewer will provide feedback, and that feedback can be valuable. However, not everyone is comfortable with giving feedback.
Chances are you probably have a good idea about areas of improvement and the skills you need to gain. Put together a plan for addressing those shortfalls.
The good news in making it deep into any interview process is that it indicates that the company likes you as a potential employee (even if the timing just wasn't right) and the experience could be a roadmap to a job with that company at a later date, or another similar opportunity elsewhere.
Give Your Resume & Cover Letter Some Much-Needed Attention
BigstockAre you continuously sending similar resumes and cover letters to each job opening with only minor adjustments? If so, your strategy needs some serious spring cleaning.
Let's start with resumes!
Every resume should be tailored to the position in order for it to stand out to recruiters and hiring managers. It may seem like a lot of work, but it's actually less work than submitting the same resume over and over again and never hearing back.
The reason why it's so important to tailor your resume is that throughout your career, you acquire numerous skills, but the job you're applying for may only be focusing on 6-8 of those skills. In that case, those skills must rise to the top of the resume with quantifiable examples of how you successfully used those skills at previous jobs.
Remember, recruiters go through hundreds of resumes. They need to be able to tell from a quick glance whether or not you're a potential candidate for the position.
While updating your resume, you could also spruce up your LinkedIn profile by highlighting the skill sets that you want to be noticed for by recruiters.
As for writing a good cover letter, the key to success is writing a disruptive cover letter. When you write a disruptive cover letter, you're basically telling a story. The story should focus on how you connect with the particular company and job position. The story could also focus on your personal journey, and how you got to where you currently are in your career.
If your resumes and cover letters aren't unique, now is the time to clean things up and get on track.
Build Your Personal Brand
Just because you're looking for work doesn't mean that you don't have anything to offer. Use previous career experiences and passions to build your personal brand.
Ask yourself, "How do I want other professionals to view me?"
Pick an area of expertise and start sharing your knowledge and experience with your professional network by pushing out content on your LinkedIn and social media accounts. Good content can include blogs, social media posts, and videos.
By sharing content about your experiences and passions, you slowly build your personal brand, and others will start to notice. The content could lead to good discussions with others in your network. It could also lead to reconnecting with connections that you haven't spoken to in years, or making new connections.
You never know when one of these connections could turn into a job lead or referral. The trick is to get on people's radars. So, when you're cleaning up your job search, be sure to build a plan for personal branding.
Maintain Healthy Habits During Your Job Search
BigstockYour job search is important, but it's even more important to know when to pull back and focus on personal health and spending time with family and friends.
There are actually things that you can do for your own enjoyment that could help your job search in the long run, such as:
- Grab coffee with a friend - It's good to engage in light conversation with friends during challenging times. And if your job search does come up, remember that most people have been through it themselves and you never know when a friend may provide you with a good idea or lead on a job.
- Volunteer - Volunteering is a great way to get involved in the community and help others. In addition, if you develop a little bit of a career gap while looking for a job, you can always talk about how you filled that time volunteering, if you're asked about it during a job interview.
- Continue to focus on other passions - Are you a fitness nut? Blogger? Crafter? Continue to do the things that bring you happiness. And if you're in a position to profit from your passion through a freelance job or side hustle, even better!
Spring is the perfect time to clean up and improve your job search so you can land the job you want. If you're struggling to find a job, follow the tips above to reinvigorate your job search—and watch your career blossom!
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This article was originally published at an earlier date.