can i take legal action against a business that didn't hire me based on looks?

Question

I went into this restaurant and the hostess said they hire for servers every week at this time. I filled out an application, then met the manager who took one look at me and said " uh, i'll see if i can find someone to interview you." he came back saying " i noticed you want to apply for server - we havent hired for that position in awhile." i knew he was lying and just didnt like the way i looked.
today, 2 days later, i go online and that exact restaurant had an ad up - they were hiring servers and said " bring your resume in PERSON, interviews will be done on the the spot"
they obviously want to hire based on looks.
can i do something?

ok for the record, it could not have been my personality he didn't like - all i did was say hi, my name and shook his hand then he walked away. he wouldn't even give me an interview - when it is known and advertised that they give interviews on that day & time weekly.

He does not have my application and can't look me up like someone said - I took it with me when I walked out.

And I don't WANT to work for him but if there is a chance to kick his *** legally, I want that.

I did not need a bath, I am very clean and had hair & makeup done but am a little chubby.

To the girl who said I am too insecure to be a server - I have been serving for ten years, since I was 15 but thanx.

Answer 1

I don't think you can take legal action unless you had written proof of discrimination.

BUT....

you can do the following...

1. Print out the online advertisement for Servers - the complete ad -

2. Bring it down to the Restaurant - and ask for an interview.

Remember to dress nicely -

3. Bring along a super resume, and

4. Bring along a digital tape-recorder in your pocket to record the conversation...

and then - if things don't go right again -

You can make a complaint with your County/Town/City Department of Labor -

But they'll want DOCUMENTATION - so supply it as follows:

Get together a folder.
Fill it with your documentation -

a) Make a transcript of the digital recording,
a) the ad.,
b) your resume,
c) date and time of your interview and name of person you spoke to in the restaurant.
d) brief description on what happened.
e) date and time of the first event.
f) name of person you interacted with at the restaurant (if you know).
g) brief description on what happened.

The more documentation you provide the better. I've seen some departments/groups send out undercover applicants to see if they'll be hired or rejected.

Remember most states/County/City/Towns do have Anti-discrimination Laws.

Good Luck,

Ken

Answer 2

You're just assuming that is why they didn't hire you, you don't have any kind of a case against them, sorry. Maybe you don't have the kind of outgoing personality they are looking for, or maybe it wasn't your looks, but the way you presented yourself. There is no law against denying an applicant because they don't appear to posses the qualities the business needs. Really, that kind of self consciousness tells me already that you might not be right for a service position... and I haven't even met you.

I've been a general manager for a restaurant so I kind of understand the hiring process. You have to consider the other possibilities before you jump to that kind of conclusion. Maybe that manager was new; maybe they weren't hiring at the time but two days later they found out they needed help. Maybe a supervisor outside the store said a couple people needed to be replaced... there are all kinds of scenarios I could list off to you.

Bottom line though, If you would like to pursue some kind of legal action, it'll probably cost you more money than it's worth. You'll have to hire a decent attorney, and depending on the size of the company, chances are that manager you spoke with will never hear about the case against him. If it is a big corperation, your chances are pretty slim that you would win that kind of case; seeing as how the manager never directly stated a reason for turning you down. Good luck though if you do try to pursue it. There is a chance that this manager was unjustified, and hopefully he finds out one way or another that his behavior was far from ethical.

Answer 3

Come on, I suspect that you're smarter than this. First of all something has to be done because things still aren't done in a non-discriminatory way. There is still a thing called "White man's previliage" that shuts out European-American women and minorities. The idea of "race-based' discrimination is a creation of the Republican party to stoke the so called angry white man voter base. Funny, I don't remember people bitching and moaning about race based discrimination before more minorities and women started to exert themselves politically and economically

Answer 4

It's not worth your time to sue. Just accept it for what it is. It sounds like a crappy place to work. As a customer, I don't care at all what a server weighs, only if they are clean, neat and friendly. Too bad; the restaurant lost a great employee.

I would, however, report the incident to the local labor board. They can keep an eye on the operation. If they get enough complaints, they may investigate.

Answer 5

I am sure there are lawyers out there who can help you, but, think about it, the manager did not want to hire you. If you push it, and get hired, you start off on the wrong foot, and employers have ways of making your life miserable. But, if you are looking for compensation in a lawsuit, maybe a labor lawyer can help you. Or, if you push it, and they still have your application, they can probably go through your application and find something that didn't suit them, to cover their butts.

Answer 6

I saw a clip on the news about a girl that sued abercrombie(spelling?) and won based on she didn't look like a model (slightly obese) and they refused to hire her because of it. I gues if you really wanted to you could. If it really pissed you off that much and they had no reason to worry about your looks (proper hygene, etc...), you can contact the better business bureau for your state and report them. If it's a restaraunt it's either franchised or corporate. Find out which one and call the complaint line. Here is a phone number to help you out. 1-800-555-1212. This is an 800 number you can call toll free to get business 800 numbers. It's a free business directory assistance line. Good luck.

Answer 7

Unfortunately, fat, ugly or fat & ugly are not a protected class', (unless you feel you can make a claim under the Americans with Disabilities act.) However unethical it is certainly the employers choice to hire whom ever they like.
Do you really want to work for such a shallow employer?

Answer 8

You can call the labor board and file a discrimination claim against the company. But you have to have solid proof to do so.

Answer 9

Yes, that's very wrong of them, but you have no way to prove in a court of law that they discriminated against you because of looks.

It sucks because this happens all the time, all over the world.

Answer 10

Sorry dear, but you have no legal grounds to sue for anything. You are ASSUMING that you were not hired based upon your looks. You have no evidence that such is true.

And frankly, 'looks' isn't one of the protected classes involved in fair employment. It is not legal discrimination to dismiss you because they don't care for the way you look.