Height discrimination?

[Liberty Belle]

Is it discrimination when an employer says they cannot hire you because of your height? It's not a safety issue or anything, but purely due to appearance.

If not, how is it different than discrimination based on skin color?

 

[DisneySaver28]

I think it depends on the job, but I'm leaning towards no, it's not discrimination. Differences in height can result in different job performance (for certain jobs), while differences in skin color do not.

 

[Christine]

Before I can answer that I would need to know about the job position. I mean, if an employer is going to come right out and tell you, there must be a reason and it's probably not discriminatory. So, it's really hard to say with the little info you've given.

 

[clutter]

But doesn't it have to be a protected class to be discriminatory?

 

[Tinkermommy]

I thought about being a flight attendant briefly when I was younger. They have a minumum height requirement that I did not meet. That was scratched off the list!

So while it is discrimination in the strictest sense it may not be illegal.

 

[golfgal]

Height is not a protected class.

 

[cjb1879]

The previous poster hit the nail on the head- while it might technically be discrimination, height is not one of the "protected classes" under anti-discrimination law and as such, you would have a difficult time trying to have something done about it legally. The protected classes are age (must be over 40- you would not be protected if you were claiming "youth" discrimination), race, national origin, sexual orientation, color, religion, gender, genetic information and a few others that don't come to mind right now. Unfortunately, I don't see how you could make a case for any of these, though if there is no other reason that the employer didn't hire you, I agree it seems really unfair. Wish I could have given more helpful information...

 

[WDWorBUST]

The previous poster hit the nail on the head- while it might technically be discrimination, height is not one of the "protected classes" under anti-discrimination law and as such, you would have a difficult time trying to have something done about it legally. The protected classes are age (must be over 40- you would not be protected if you were claiming "youth" discrimination), race, national origin, sexual orientation, color, religion, gender, genetic information and a few others that don't come to mind right now. Unfortunately, I don't see how you could make a case for any of these, though if there is no other reason that the employer didn't hire you, I agree it seems really unfair. Wish I could have given more helpful information...

Actually sexual orientation is not protected the last I had heard.

 

[cteddiesgirl]

I hate that height is not a protected class. If you can still do the job without endangering yourself or others even with the assisstance of stools and ladders, why the heck should your height matter?

Yes, I have a personal interest in this topic since I'm only 4'7" myself. I've had people look at me during a job interview and you know it's going through their minds about if you can reach something or not on a regular basis without a step stool.

It's never the tall or normal height people discrimnated against. It's the short people.

 

[aggielawyer]

Actually sexual orientation is not protected the last I had heard.

Not under federal law.

 

[Liberty Belle]

Here's the situation:

My son (just turned 17) applied for a job at Abercrombie and Fitch. He's a handsome guy (truly, that's not just Mama's word - several people have suggested he model throughout the years), but he's only 5'4". My husband is 5'6", so while I think he still has a bit of growing to do, he's not going to be tall.

He went to A & F and asked for an application. The manager had him fill one out electronically that day and then asked him to come in the next day for an interview. When he got there he realized there were three other candidates for their job positions.

While there, two of the managers stepped away from the group and were talking, but everyone could hear them. The one (same one who told him to come in for an interview) said the to other (about my son), "I just don't think I can hire him, he's such an awkward height." Of course this embarrassed my son and he was pretty angry for a while afterwards (he's exceedingly polite, though, so I know he didn't say anything to them). It's discouraged him, and as you can imagine, he has an issue with his height.

What really annoys me is on the way there he asked me to be honest about his looks (I guess he knew that appearance was big to A & F) and I told him he's very handsome and everyone always remarks about it, etc. He just really lacks confidence about his looks, so this didn't help at all.

On the way home, he was mumbling that he guessed he could just apply at Walmart and Big Lots. But that only lasted for a bit and he bounced back ok.

It just seems so wrong to me and I wondered how others felt. After I posted the question, I googled, and found that Michigan (we're in Kentucky) is the only state that prohibits height discrimination.

 

[NMAmy]

I hate that height is not a protected class. If you can still do the job without endangering yourself or others even with the assisstance of stools and ladders, why the heck should your height matter?

The only thing I can think of is professional basketball players.

OP--I don't care too much about the height thing but I find A&F more disturbing for only hiring pretty people.

 

[Darsa]

It may not be discrimination but it's shallow, rotten, nasty, STUPID, all kinds of other things that I'm not allowed to say here. Seriously, that is the MOST ridiculous reason for not hiring someone to sell clothing that I have ever heard.

 

[cteddiesgirl]

Here's the situation:

My son (just turned 17) applied for a job at Abercrombie and Fitch. He's a handsome guy (truly, that's not just Mama's word - several people have suggested he model throughout the years), but he's only 5'4". My husband is 5'6", so while I think he still has a bit of growing to do, he's not going to be tall.

He went to A & F and asked for an application. The manager had him fill one out electronically that day and then asked him to come in the next day for an interview. When he got there he realized there were three other candidates for their job positions.

While there, two of the managers stepped away from the group and were talking, but everyone could hear them. The one (same one who told him to come in for an interview) said the to other (about my son), "I just don't think I can hire him, he's such an awkward height." Of course this embarrassed my son and he was pretty angry for a while afterwards (he's exceedingly polite, though, so I know he didn't say anything to them). It's discouraged him, and as you can imagine, he has an issue with his height.

What really annoys me is on the way there he asked me to be honest about his looks (I guess he knew that appearance was big to A & F) and I told him he's very handsome and everyone always remarks about it, etc. He just really lacks confidence about his looks, so this didn't help at all.

On the way home, he was mumbling that he guessed he could just apply at Walmart and Big Lots. But that only lasted for a bit and he bounced back ok.

It just seems so wrong to me and I wondered how others felt. After I posted the question, I googled, and found that Michigan (we're in Kentucky) is the only state that prohibits height discrimination.

Ah. Well, A&F is all about everyone looking the same as everyone else.
I still think that the reason why I didn't get a job at the Disney Store (many years ago) was because of my height. Even though having been to WDW quite a few times before then, being a huge fan and having prior retail experience.

My dad is also short for a man. But yet, he can out work, out dance and out lift (despite looking not too strong) most men half his age (he's 68 this weekend). And he's hugely popular despite his height and despite his burn scars because of his personality.

Height isn't everything.

The only thing I can think of is professional basketball players.

OP--I don't care too much about the height thing but I find A&F more disturbing for only hiring pretty people.

Actually, I remember a pro ball player that was very short. I can't remember his name though.

 

[browneyes106]

It sucks that your son had to deal with that while trying to get a job. I can understand height requirments in job like flight attendant etc. But in retail I don't think height should be an issue unless the job duties include a lot of stocking or something. It is still possible for your son to grow. My cousin was 5"5 at age 17 and he end up a growing a couple of more inches before he turned 19.

 

[Robinrs]

The previous poster hit the nail on the head- while it might technically be discrimination, height is not one of the "protected classes" under anti-discrimination law and as such, you would have a difficult time trying to have something done about it legally. The protected classes are age (must be over 40- you would not be protected if you were claiming "youth" discrimination), race, national origin, sexual orientation, color, religion, gender, genetic information and a few others that don't come to mind right now. Unfortunately, I don't see how you could make a case for any of these, though if there is no other reason that the employer didn't hire you, I agree it seems really unfair. Wish I could have given more helpful information...

Man, I'm a black old Christian woman -- funny I don't FEEL protected!!

BTW I'm also 4'10" tall, I guess it would be nice to add one more thing to my "protectedness"...

 

[Liberty Belle]

The only thing I can think of is professional basketball players.

OP--I don't care too much about the height thing but I find A&F more disturbing for only hiring pretty people.

The height thing doesn't bother you? I agree with you about only hiring pretty people, but why should it be ok to discriminate based on height (when it clearly would not affect job performance)?

 

[NHdisneylover]

I do feel sorry for your son and I am sorry he feels badly about himself after the interview and worries about his heighth at all.
On the other hand, if you and he are okay with him applying somewhere that only hires good looking people--then that seems to indicate you are okay with discrimnation based on some aspects of looks so you really do not have too much to complain about I do wonder, do the employees have to wear the store brand clothes? Maybe they would not fit as well as they should on someone his size (it is the only legitimate reason I can think of to not hire a certain height--but I also do not feel it is legit to only hire pretty people so what do I know?).

 

[paintnolish]

The height seems to be a part of their overall "pretty" look. Pretty boys can't be 5'4," at least according to AF. Now to me, they sure can be! DS is a blond haired, blue eyed doll who is at leas ta head shorter than everyone else in his class!

 

[chicagodisneyfan]

I hate that height is not a protected class. If you can still do the job without endangering yourself or others even with the assisstance of stools and ladders, why the heck should your height matter?

Yes, I have a personal interest in this topic since I'm only 4'7" myself. I've had people look at me during a job interview and you know it's going through their minds about if you can reach something or not on a regular basis without a step stool.

It's never the tall or normal height people discrimnated against. It's the short people.

Height should not be a protected class! I do not want to see short Rockettes - they are cool cause they have similar heights.