I live in Arizona and I was wondering if I have a good lawsuit on my hands. I have been working the same job?

Question

for two years now as a busboy at a restaurant. Lately, I have been getting burned out on bussing and I wanted to see whether or not I could get a job in the kitchen for something different. I talked to the executive chef and he said that he doesn't hire people with mustaches. I thought fine, I'll shave it off. I shaved it off and started to look around and noticed that there are quite a few other people working in the kitchen that do have mustaches, including the most recent hire in the kitchen!!! Is this a good discrimination case that I have on my hands? Furthermore, is this the kind of case that on a philosophical level is too frivolous too worry about. Should I just forget about suing and find somewhere else to cook, or have I been wronged enough to pursue this case? what do I need to do to build a strong case so that I can win?

Answer 1

If you pursue this, I think you're gonna find out there is such a thing as being too Republican and the state of Arizona is too Republican. Their laws protect the business, not the people.

Answer 2

With all due respect, if you are going to work in the kitchen of a place with an executive chef, you are going to have to pass the social skills test a little better then you did.

Practice up on your social skills, and know when your potential boss is joking with you, and act accordingly.

Hint: at any workplace. dress and act as though you have the job you want, not the job you have. then you can get to know the chef and get him thinking what a great prep guy you would be - spend time doing that and when the opening comes up, you will get it.

But right now, he sees you as the dude who has been bussing tables for 2 years, if he even knows you exist at all. Get to know him, let him know that you aspire to start moving up now and why, and then he can help you. don;t make him an adversary.

If there is not such a job at your current place, he probably knows high level people at other places too, so he can recommend you in.

But not if you are going to fly off the handle and think lawsuit over an inane joke that he probably was just saying to break the conversational ice.

See how it works now? :)

Answer 3

You are obviously ready to move on.

Do so by looking inward at what you want instead of what you don't have.

Then, focus on what you want and seek out the appropriate training or education to produce that result.

You created the bussing job for 2 years so now CREATE something you want that will not only bring you JOY but will also result in more prosperity.

Answer 4

If your burned out on the job you've been doing find something you do want to do but don't quit the job you have now until you have something else lined up, jobs are to hard to come by. And I would forget about the law suit there's nothing in it for you. The restaurant would just say you didn't meet their needs or qualifications for what they were looking for.Good luck, and best wishes.

Answer 5

You may or may not have a case. Are you sure the chef wasn't joking around? Are you sure that your mustache was similar to the other people's?

But honestly, I wouldn't bother. Unless you really want this job, it's not going to be worth the hassle of going to court.

Answer 6

maybe the kitchen staff with mustaches were grandfathered in to the executive chef's rule about mustaches because they had them before the mustache rule.

No offense, but anyone with a mustache is a little old to be bussing tables.

Answer 7

Like the first guy said...AZ is an "at will" employment state. Technically they can fire you just because they get tired of looking at you. Unless it violates federal employment law, theres really no point.

Answer 8

You have no case at all. "Mustachioed guys" is not a protected class.

Richard