Margaret Reynolds, 5 feet 10 inches, 190 pounds, applied for a job as a fitness
ID: 450653 • Letter: M
Question
Margaret Reynolds, 5 feet 10 inches, 190 pounds, applied for a job as a fitness instructor teaching aerobics at Slendercise, Inc. She had always been very healthy and fit. She ate healthy foods, worked out five days a week, and could do all of the complicated aerobics steps and exercises. Slendercise, Inc. rejected Margaret’s application to teach aerobics because of her size. Reynolds did not look anything like the svelte women on the company’s Web site and promotional brochures. The company further argued that an aerobics instructor had to look leaner than the public and that people must believe Slendercise, Inc., will help them improve, not just maintain, their shape. Margaret filed a complaint with the Equal Employment Opportunity Commission alleging weight discrimination.
Which one or more of the legal statute(s) listed in the exercise apply to the case (e.g., Title VII of the Civil Rights Act)?
What issue(s) must the court decide in the case (e.g., racial harassment)?
If you were the judge, how would you rule? Explain.
Identify two ways to help ensure workforce planning and employment are compliant
Explanation / Answer
The legal statute applicable in this case as a defense on part of the employer is bona fide occupational qualification.
The physical attributes as madated by the job are a functional requirements and therefore does not qualify as a case of discrimination.
Employer can take following stes to ensure workforce planning are compliant.
1. Draft the job specifications carefully listing down the functional requirements, which are bona fide occupational qualifications, so that any decision within those specifications is justifiable and compliant.
2. Ensure that there's no instance of explicit or implied discrimination against a potential employee on any aspect. Make the workforce planning and recruitment process as objective as possible, so that any element of judgement or subjectivity on racial, color, religion asoects could be eliminated altogether.