Question

Your friend, Ana, owns a large bakery in New Hope, PA. After two of her cashiers were injured on the job last year, she decided to change the “Physical Requirements” for the cashier position. Effective 1/1/20, Ana is requiring that applicants meet the following physical requirements: (1) Must be at least 5’ 11” in height , (2) Must be able to lift a minimum of 100 lbs, and (3) Must be able to stand for long periods of time. Ana also told you that she is looking for a new manager. She says, “It is a good idea for interviewees to tell me that they are married because if they are committed to their spouse then they will be committed to me as their employer.”

Q #1: Do you have any concerns about the changes Ana made to the “Physical Requirements? Yes or No. What type of legal situation do you think Ana could potentially cause for her company? Please use the specific term name and explain potential risks involved.

Q #2: Is Ana’s second statement correct in regards to married employees? Based on our lecture notes and readings, explain why.

Answer 1

1. Since the height, ability to stand for long hours and ability to lift weight has no direct relation with the performance of cashier who is not supposed to lift any weight or stand for long hours, nor his /her height is going to affect his /her performance on  cash counter in any manner. Since the job does not constitute to be a BFOQ role, Ana is most likly to create reasons for a potential discrimination lawsuit from the prospective candidates being rejected on ground of height or other mentioned factors.

Ana has no right to ask an employee whether he / she is married or not, particularly when this question of hers is going to play a vital role as a selection factor of the person. On a lighter side, a person's marital status hardly affects his loyalty or commitment. A married person might be unfaithful for his /her spouse, while an unmarried person might prove to be committed to the employer. In this way, she is attracting a potential emloyment discrimination claim by asking this question.