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Work Space Too Short?
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Work Space Too Short?
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So I have been asked to hire a program assistant for my company, and the only place we can fit another desk is in a tiny alcove upstairs between two rooms (think Cape Cod style). The area clearing is
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Forums » Topic Forums » Legal Forum » Work Space Too Short?
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Work Space Too Short?
posted at 6/9/2011 1:26 PM EDT
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Posts: 8
First: 5/18/2011 Last: 8/12/2011 |
So I have been asked to hire a program assistant for my company, and the only place we can fit another desk is in a tiny alcove upstairs between two rooms (think Cape Cod style). The area clearing is only about 65 inches tall (5'5") and probably 5'x5' wide.
I'm being asked to hire 'someone short' which I've opted not to do due to adverse impact issues. My question is- are there regulations for head clearance or level of comfort? How can I hire the most qualified candidate who happens to be 5'8"? I can't wait to interview for this one- "No benefits AND you get to crouch every day!" Suggestions or legal knowledge pertaining to this topic are greatly appreciated. |
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Work Space Too Short?
posted at 6/10/2011 5:13 AM EDT
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Posts: 544
First: 9/27/2004 Last: 9/13/2011 |
I can't wait to hear from our legal experts!
Is this a "bona fide job requirement" or just a matter of convenience? Is it illegal to discriminate against someone of average height? Does raising the roof count as a reasonable accomodation? |
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Work Space Too Short?
posted at 6/10/2011 7:15 AM EDT
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
Height is not covered by Title VII so can legally discriminate based on it.
Moral issues aside,there are only a few things that you are restricted from not using as a job requirement. You are allowed to discriminate based on many other factors. For example, appearance, behavior, hair, interview skills, body odor, attendance record, criminal record, financial record (for some positions) etc. etc. I am not meaning to get into a debate about Federal verses State rules. Merely trying to show that discrimination is legal and we do it all the time. I further understand that some items could have an unintended "disparate impact" but that is a whole other discussion. |
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Work Space Too Short?
posted at 6/10/2011 7:24 AM EDT
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
"I'm being asked to hire 'someone short' which I've opted not to do due to adverse impact issues. "
I just don't know what to say.... Except, when did height become a protected class? I haven't been out of the country lately so I must have missed this. |
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Work Space Too Short?
posted at 6/10/2011 7:35 AM EDT
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Posts: 8
First: 5/18/2011 Last: 8/12/2011 |
The adverse impact reference was regarding making a height less than 5'5 a requirement without it being a BFOQ. My understanding is that having requirements that are not job related (height) and can adversely impact a protected class such as gender or race (ex- men or certain races are usually taller than 5'5"), although unintentional, is still a form of discrimination.
I understand what Howard is saying, as other factors can be leading factors not to choose an applicant. I'm looking for the best way to approach this matter and appreciate the insightful insights. |
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Work Space Too Short?
posted at 6/10/2011 8:26 AM EDT
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
It is a ridiculous assertion and a complete fabrication in this context to suggest that hiring someone under 5'5" is an adverse impact issue. We don't need to make up scenario's that create credibility problems for us later.
By the way, what is an "ex-men"? Is is discrimination? Absolutely. So is picking anything based upon a set of qualifications. Is it "unlawful" discrimination? Nope. |
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