Burger chain to pay $34,000 after not hiring disfigured worker

Chicago Sun-Times ^ | 9-13-2005

[antaresequity]

The EEOC said the suit, also filed Monday, alleged that the job seeker applied more than once

The 'job seeker' applied, and the 'job provider' denied...

Where in the Constitution does it protect a 'job seekers' 'right' to a job?

[AD from SpringBay]

But I bet the kid had really good self esteem and knew how to download music. And that's what's important. The government will take care of the rest.

[kingu]

No employer should be forced to hire anyone. I feel for the lady but there are other jobs out there. Perhaps she can take the money and get an education and not have to work in a fast food joint.

I think it is sad that I had to go so far through the thread to find someone expounding this simple bit of reason.

[pettifogger]

If she is otherwise qualified to work there, then yes, it is discrimination not to hire her just because of her looks.

Not really. How one "looks" is not considered a protected category (like race, age, national origin, disability, sex, etc) except in a few hyper-liberal places like San Francisco (which protects against discrimination based on "appearance" if I recall correctly). The characteristic that made this unlawful discrimination under federal and state law was that at least the EEOC considered the woman "disabled" under the law. BK must have ultimately agreed, or opted not to fight the definition, since it agreed to settle.

"Disability" is defined (under fed law at least) as "substantially limited in a major life activity." Whatever that means. Frankly, what it REALLY means is job security for plaintiff and defense employment attorneys.

[FearlessFreep]

Thanks for your help.

[Cagey]

BTW, BigB and THEBigB aren't the same person. ;o)

Ooooops! Sorry!

I hope there's no TheMediumB's on here.

[Steve_Seattle]

"I personally have a harder time buying food from someone with intentional disfigurement, such as lip, nose, eyebrow, cheek, and other piercings, than I do from someone with a deformity over which they had no control."

"I have nothing against body piercing. That way, you know who the weirdos are without having to ask." - Hank Hill

[MeanWestTexan]

No, the EEOC dropped the matter when it was replaced by a private class-action suit, which worked its way through the appellate courts.

Out of Illinois somewhere.

The issue was whether "looks" were a bona fide occupational requirement.

[tophat9000]

First folks you hire the people that can do the job and not all position are at the front counter

Bottom line there not hiring someone because they don't like there looks where looks is not a major requirement

[Terabitten]

No...I just typed "Treacher Collins Syndrome" into a Google image search, and her picture came up. From her website, she's a medical student...very capable, just somewhat funny-looking. Nothing wrong with that.

The Discovery Channel did a show on her a few months back. She has a pretty inspiring story, really.

[visualops]

"Mask" is the true story of Rocky Dennis, who was born with craniodiaphyseal dysplasia, also known as "lionitis".

[Cagey]

Thanks. I remember the film and thought it was the same condition.

[Oatka]

And, if your bill comes to $2.96 and you should happen to give them $3.01 they'll look at you like you're the one messed up.

Happens to me all the time - maybe it's an old-person thing to do with the extra pennies.

I also try to work in a little history when I can. One time my bill was $17.76. "Famous date in history." sez I. "Whut's that?" asks the Nose-Ringed Clerk. "That's when this country was born." I reply. "Kewl" marvels the NRC. I go home and weep for the future of my country.