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Discrimination Because Job Applicant Looks Young

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  • 07-16-2007, 09:15 AM
    Noah382
    Discrimination Because Job Applicant Looks Young
    Hello Everyone,

    I am new to the forums, and have a question that I am not sure about the answer. Hopefully somebody can give me some insight.

    My Fiancée is currently looking for a new job. We live in Virginia. She has her Masters degree in Physician Assistance, which is a step above a nurse and a step below a doctor. She currently sees her own patients and prescribes medication as well.

    During her interview with a urgent care company, she was told a few things that made her really upset. My Fiancée is 25 years old, but has had 3 years experience and is excellent at what she does. She had a 3.9 GPA during her entire Masters degree program, and scored very high on her Physician Assistant certification test. Although she is 25 years old, she does look young for her age. People have mistaken her to be 18-20 years old. This company that is looking to hire a Physician Assistant conducted an interview with my Fiancée.(she was interviewed once by a director and then brought back for another interview with the owners) The interviewers were the owners (mother and father) which are the doctors of the urgent care company. During the interview they repeatedly told my Fiancée that she looked very young and did not know if the patients would like the fact that someone that looked that young would tell them what is wrong with them. They think that with her looking that young, patients would not give her respect and/or second guess what she has to tell them about their health. The owners said this many times throughout the interview. Furthermore, the owners also contacted my Fiancée's references and asked them if her appearance affected her job performance at her previous workplace.

    Although we have not heard back from the owners as far as an offer or not, my Fiancée has already decided not to take the position due to what they said and how they contacted her references asking about the way she looks. One of her pet peeves is when people tell her she looks young.

    If the company does not give her an offer for the position, is this act discrimination? If so, what kind of discrimination is this considered to be? Is this grounds for a lawsuit?

    Any insight would be much appreciated. If any more information is needed, please do not hesitate to ask.

    Thanks!

    Noah
    In the state of Virginia
  • 07-16-2007, 09:22 AM
    seniorjudge
    Re: Discrimination?
    Q: If the company does not give her an offer for the position, is this act discrimination?

    A: Yes.


    Q: If so, what kind of discrimination is this considered to be?

    A: Legal.
  • 07-16-2007, 09:33 AM
    cbg
    Re: Discrimination?
    Under Federal law, SJ is correct.

    Virginia, however, does not limit age discrimination to those over 40.

    If she is offered the job, no harm no foul. Even if she chooses not to take it, that's her choice; the fact that she doesn't like to be told she looks young is of no consequence. If she is not offered it, however, it is *possible*, (not guaranteed) that she MIGHT have a case for age discrimination at the state level. She would need to discuss it with the Virginia Council on Human Rights.
  • 07-16-2007, 11:19 AM
    Noah382
    Re: Discrimination Because Job Applicant Looks Young
    Thank you for the quick replies.

    Is filing a lawsuit worth the time and effort, as far as compensation? The way the owners were talking, it didn't sound like they were going to make an offer.

    Would you recommend getting a lawyer? I am unfamiliar with the whole legal system and not really sure what the next step would be.

    Thanks again for the help.

    Noah
  • 07-16-2007, 12:05 PM
    seniorjudge
    Re: Discrimination?
    Noah, cbg (not me) is the employment law expert. I believe your question was fully answered by cbg.

    In any event, proving illegal discrimination is very hard.

    The first problem you will find is that the prospective employers will never admit to saying she looked too young. In fact, they will deny they ever said anything remotely resembling that. They will say that age was never even brought up.
  • 07-16-2007, 12:32 PM
    cbg
    Re: Discrimination Because Job Applicant Looks Young
    Any recourse would be through the state Council on Human Rights.

    I am by no means convinced that this is a viable claim. If she looks as young as you say, I think a case could be made that this is a legitimate reason to refuse to hire someone under these specific circumstances. I know if I were in an urgent care center and someone came it to treat me that looked only 18 or so, I'd be more than a little concerned.

    It's her choice (not yours) whether to pursue this. If she does, she needs a right to sue letter from the VA Council on Human Rights before she can take any action. But frankly, I wouldn't bother.

    And for the record, I am within days of my 50th birthday and look 35 at most. She may not like being told she looks young now (I didn't either) but that will change, I promise her that.
  • 07-16-2007, 12:57 PM
    seniorjudge
    Re: Discrimination Because Job Applicant Looks Young
    Quote:

    Quoting cbg
    View Post
    ...

    And for the record, I am within days of my 50th birthday and look 35 at most. She may not like being told she looks young now (I didn't either) but that will change, I promise her that.

    ....



    50! You are a mere child!:D
  • 07-17-2007, 01:37 PM
    Noah382
    Re: Discrimination Because Job Applicant Looks Young
    Well we heard back from the company yesterday with an offer. They offered less money than what she's making now and also she does not get any vacation days until she's been working there for more than a year.

    That's pretty much icing on the cake for not taking the position.

    I appreciate all your help and quick replies.
  • 07-17-2007, 01:44 PM
    seniorjudge
    Re: Discrimination Because Job Applicant Looks Young
    Best of luck....
  • 07-17-2007, 01:56 PM
    cbg
    Re: Discrimination Because Job Applicant Looks Young
    However, the fact that they made an offer pretty much puts the kibosh on any kind of discrimination claim.
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