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  1. #1
    Join Date
    Oct 2009
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    8

    Default Discrimination at Victoria's Secret

    My question involves labor and employment law for the state of: Illinois

    Here is my question, a friend of mine works at Victoria Secret she told me they have a job opening for janitorial work. Vacuuming, cleaning, and handling boxes. I filled out my application and waited to be called but no one called, so I gave them call and was basically told I was not qualified for the job even though my past job pretty much required me to do the exact same thing along with inventory tracking and handling mail. I asked them how exactly I didn't fit or what was wrong with my application and they said they wouldn't discuss that with me. So here is my question, do I have a case here or what?

    I ask cause I know a custom suit maker here who owns couple of chain stores where they make you a custom suit but in order to do so you have to sometimes strip down to the underwear and they do hire who even sometimes do the measurements for the suit.

  2. #2
    Join Date
    Sep 2005
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    75,004

    Default Re: Discrimination at Victoria's Secret

    And your reason for suspecting discrimination is what? That they didn't think you were qualified, even though you thought you were? In essence, that's the story of every applicant who doesn't get the job, isn't it?

    I have no idea what your second paragraph is supposed to be about.

  3. #3
    Join Date
    Oct 2009
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    8

    Default Re: Discrimination at Victoria's Secret

    Quote Quoting Mr. Knowitall
    View Post
    And your reason for suspecting discrimination is what? That they didn't think you were qualified, even though you thought you were? In essence, that's the story of every applicant who doesn't get the job, isn't it?

    I have no idea what your second paragraph is supposed to be about.
    well they cannot explain specifically why I wasn't qualified. My friend who told me about the job warned about them just saying "not qualified" to all male applicants just to refuse them the job.

  4. #4
    Join Date
    Oct 2009
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    8

    Default Re: Discrimination at Victoria's Secret

    here is the full information about the job, it is a janitorial job which doesn't have direct contact with the customers but you are there and if they ask you any questions you would need to give them answers, such as point to where the products they are searching are located in the store.

    my friend has worked there and got me an application but warned that all male applicants are automatically rejected and the only reason given is "not qualified". My job was given (according my friend who is the manager's assistant) to a 16 year old girl with no work experience whatsoever (literally she hasn't worked anywhere else). The position was relatively new, opened and closed quickly but I was before that 16 year old girl.

    The manager wouldn't provide any reasons for why she wouldn't hire me other than not qualified but I have the qualifications.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,677

    Default Re: Discrimination at Victoria's Secret

    I strongly suspect that being female is a BFOQ (bona fide occupational qualification) for this position. I don't think there are very many female shoppers who are going to be willing to ask a male employee where to find the lingerie they are after.

  6. #6
    Join Date
    Oct 2009
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    8

    Default Re: Discrimination at Victoria's Secret

    Quote Quoting cbg
    View Post
    I strongly suspect that being female is a BFOQ (bona fide occupational qualification) for this position. I don't think there are very many female shoppers who are going to be willing to ask a male employee where to find the lingerie they are after.
    i actually looked into that with the EEOC to see if it is BFOQ but that would be discrminatory. In fact I found a case of NY bar being sued for the same thing cause the customer preferred it. BFOQ cannot be applied cause of customer's tastes they can be applied only when the customer has to strip down which I never heard the janitor doing that.

  7. #7
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Discrimination at Victoria's Secret

    So, you take them to court.

    In the hearing, they say you creeped them out and they didn't want you around both their female customers and underwear.

    You lose.

    Unless they TOLD you that the reason they didn't hire you was specifically because of your inclusion in a legally protected group, you don't have a case.
    All you need in this life is ignorance and confidence; then success is sure.
    - Mark Twain

  8. #8
    Join Date
    Oct 2009
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    8

    Default Re: Discrimination at Victoria's Secret

    Quote Quoting cyjeff
    View Post
    So, you take them to court.

    In the hearing, they say you creeped them out and they didn't want you around both their female customers and underwear.

    You lose.

    Unless they TOLD you that the reason they didn't hire you was specifically because of your inclusion in a legally protected group, you don't have a case.
    Being I was in there less than a minute and that was to drop off my form and I never had an interview and that drop off the form was the only time I was there...

    On top of that my friend who is the assistant manager said all male applicants are automatically rejected and they just say "not qualified".

    But if I did "creep them out" why couldn't they just tell me that? I'd be interested in knowing how you can creep someone out in less than a minute by just giving them a sheet of paper.

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
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    17,677

    Default Re: Discrimination at Victoria's Secret

    Okay. One more time.

    THEY HAVE NO LEGAL OBLIGATION UNDER THE LAW TO GIVE YOU A REASON WHY THEY DO NOT WANT TO HIRE YOU.

    I don't care how many other employers have given you a reason. It is not mandatory and most employers do not give you reasons. As I told you on the other board where you have been posting this question, if you've been given reasons in the past, the other employers you've applied to have been remarkably accomodating. It is BY FAR more usual for an employer to simply say, thanks but no thanks.

  10. #10
    Join Date
    Oct 2009
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    8

    Default Re: Discrimination at Victoria's Secret

    Quote Quoting cbg
    View Post
    Okay. One more time.

    THEY HAVE NO LEGAL OBLIGATION UNDER THE LAW TO GIVE YOU A REASON WHY THEY DO NOT WANT TO HIRE YOU.

    I don't care how many other employers have given you a reason. It is not mandatory and most employers do not give you reasons. As I told you on the other board where you have been posting this question, if you've been given reasons in the past, the other employers you've applied to have been remarkably accomodating. It is BY FAR more usual for an employer to simply say, thanks but no thanks.
    so the only way to have a case is to have the manager write out "i am discriminating you based on your gender which is illegal"?

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