Is this legal? This supervisor really crossed the line.?
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Is this legal? This supervisor really crossed the line.?
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Where I work, a supervisor mentioned to me how they'd never hire a friend of mine back there because of a back problem.
This friend had left the company a few years ago on good terms, to move out of state. A co-worker was talking about how they told my friend to apply back as they are hiring in that area. This is when the supervisor spoke up. I was shocked and felt this super should not have said anything. In my mind that's discrimination and yet my friend is a competent candidate and has been employed consistently elsewhere since leaving the company. This supervisor has a track record of being unprofessional, yet they don't get rid of this person. My friend is very upset and mad and wants to call HR. This is in NJ.
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Just_gone
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http://www.workplacefairness.org will help! |
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Roger C
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If your friend has physical problems that disqualify him for the job, then that is a legimate reason to exclude him from consideration. If the job say required lifting 60 lbs and your friend is unable to do so without serious risk of injury then he/she does not meet the job requirements.
On the other hand if it is a desk job where there are no such physical requirements then it could be potentially considered discrimation.
I am not a lawyer, but having worked as a supervisor this was always my understanding of guidelines. For a more definitive answer your friend needs to talk to an attorney who deals in labor issues. |
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wldchd32
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Depending on company policy, your friends back ground could be an issue not discrimination. Though it was unprofessional of the supervisor to broadcast information about a former employee. |
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wish I were
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What your supervisor said is against the law! I'd let your friend call HR and get him in trouble, he shouldn't be a supervisor! |
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Behaviorist
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The super was unprofessional, for sure. And he may get the company in trouble.
If the guy has back trouble and it makes him unable to do the job the company doesn't have to hire him. If he can still do the job it's a different story.
However, it may be that there is a concern the guy will be a drain on insurance or take too many sick days. I'm not sure how that works legally but I suspect it's a privacy issue that isn't supposed to affect employment. It is certainly not something that supervisor had any business discussing publically like that.
What may happen, though, is that they may use his previous work history WITH THEIR OWN COMPANY to make a determination about whether to rehire him.
They don't have to say why they are not hiring someone so your supervisor may have put his foot in his mouth turning it into a discrimination issue. |
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TedEx
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Is it discrimination or the truth??
many employers will not touch anybody who has a history of back problems. I'm sorry. But would you want to face the potential of a huge WC claim if someone hurt their back lifting a 10 lb package???
Let your friend call HR. I'm sure your supervisor is shaking from fear. |
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KAT
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As of this point, nothing can be done as far as filing a charge. Your friend needs to re-apply and be turned down to take action.
Your friend can then file a charge with the EEOC or Dept. of Human Svcs. and claim: failure to rehire based upon disability discrimination.
EEOC or DHR will investigate the charge and take disciplinary action which may include rehiring your friend or an offer possible settlement for their wrongdoing.
At this point, you can talk to HR and discuss the inappropriate behavior of the supervisor |
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Miss Kitty
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If your company advertises itself as an EEO (Equal Opportunity Employer) and this person that made the comment has the authority to hire people (or not) then this definitely sounds illegal to me! Someone more important needs to know about it, especially if that person has had a bad track record in the past, as you put it. There are WAY too many people like this in the world who get away with bad things like this for way too long, simply because no one is brave enough to stand up and say that it isn't right. You and/or your friend should definitely contact someone else in your company who deals with this sort of issue for assistance in this matter |
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mbz
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It's legal, sorry. |
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Shamrocks
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It's not unlawful or discrimination, but what he said was extremely unprofessional, sups should never speak about current or past employees w/ current employees, that should be a company rule, contact your sup and complain. |
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