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Work Space Too Short?
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Work Space Too Short?
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
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 6/10/2011 9:44 AM EDT
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Posts: 8
First: 5/18/2011 Last: 8/12/2011 |
For the comedy duo, I think the answer is Hugh Jackman.
I found this from this on the EEOC website: "Height and weight requirements tend to disproportionately limit the employment opportunities of some protected groups and unless the employer can demonstrate how the need is related to the job, it may be viewed as illegal under federal law. A number of states and localities have laws specifically prohibiting discrimination on the basis of height and weight unless based on actual job requirements. Therefore, unless job-related, inquiries about height and weight should be avoided." I'm not trying to create a problem or 'fabricate' anything, but rather prevent an issue from arising out of a job requirement that isn't essential to the position. Now if the advice is to make height a requirement based on the business space or lack thereof, I understand. Also, if the advice is to look for applicants that are height challenged but leave that requirement off the posting, I get that too. Again, thanks for the 'insightful insights.' That seemed a bit repetitively redundant. Thanks. |
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Work Space Too Short?
posted at 6/10/2011 9:59 AM EDT
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Posts: 1771
First: 10/24/2002 Last: 9/14/2011 |
Again, whether or not you legally can or will consider hiring someone who is short may be completely moot - you may not be able to hire anyone at all!!! Please check your local zoning laws to see if it's even possible to have someone of any height working in a space that low. |
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Work Space Too Short?
posted at 6/10/2011 10:50 AM EDT
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
Trying to be serious for a moment. (
Sometimes it ain't easy) There is a difference between Height AND Weight requirements and just a height requirement. I do not believe that there would be adverse impact on any particular group based on height only. In fact many protected class groups average lower heights than the Caucasian groups. Of course now you could get reverse discrimination claims from that group....... |
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Work Space Too Short?
posted at 6/10/2011 4:40 PM EDT
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
Try hiring a little person on a temporary basis to see how it works out.
http://www.rentamidget.com/ |
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Work Space Too Short?
posted at 6/11/2011 5:23 AM EDT
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Posts: 32
First: 1/31/2011 Last: 9/13/2011 |
Hi:
Coming from the airline industry, I'm aware of a significant amount of litigation based on height requirements------------generally the adverse impact is on women because the height requirement is a minimum, not a maximum. So in this case, a male certainly could file a legitimate disparate impact complaint. Whether such a requirement is job related is questionable--a tall person may be more than willing to put up with such working conditions. Bottom line, I would not select on the basis of height in this situation. Give the applicant a realistic job preview, including the not so roomy work station they will have. If the applicant has a problem with it, they will self-select themselves out of the process. Dave Arnold, Ph.D., J.D. |
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