Discrimination vs. employee aptitude

[Martinus]

There was a case recently in the US where a woman was fired by KPMG (a big four accounting firm) for failing to pass her state chartered accountant exam twice in a row. She then found out (she didn't know it at the time) that she is a dyslexic and therefore was entitled to pass a special type on an exam instead. She sued KPMG and won 40,000 quid for "discrimination because of a disability" (even though neither her employer nor she knew at the time she was a dyslexic).

I must say that I struggle to find a principle at work here that would allow one to discern between a case of an actual discrimination and a situation that the employee just lacks the proper talent or aptitude to perform work.

I mean, let's consider following examples (from the one that is most clearly a case of discrimination to the one where the principle operating here leads to insane results imo).

Example 1. A black person is not hired to perform an accountancy job because her new boss does not like black people.

Example 2. A Jewish person is not hired to perform work for a company that serves mainly Arabic clients, because her boss fears the clients may be prejudiced against her.

Example 3. An obese person is not hired for as a spokesperson of a health centre because her boss fears her obesity may negatively impact the image of health-consciousness the centre wants to promote.

Example 4. A Muslim person is not hired for a job at a fashion shop, because her Muslim attire is not consistent with a dress code.

Example 5. A deaf person is not hired as a musician at the philharmonics, because, well, she is deaf.

Considering the KPMG case, where does the discrimination lawsuit viability end? I mean, in the last case, the deaf person is clearly discriminated because of her disability, no?

[Faeelin]

I have no idea how she showed discriminatory intent, which is required to win a discrimination lawsuit, and would like to know the case title.

[Martinus]

I have no idea how she showed discriminatory intent, which is required to win a discrimination lawsuit, and would like to know the case title.

http://www.accountancyage.com/accountancyage/news/2250646/kpmg-forced-pay-disability

[Faeelin]

Is this a UK case? You said US in the first post but this looks British.

[Berkut]

I've always wondered about when you can discriminate, say based on sex. Clearly you don't have to hire a guy who wants to work at your strip club - so there is *some* kind of allowable discrimination based on gender, or even attractiveness.

What about your restaurant that employ's hot young women in skimpy clothes as their waitresses? Can you refuse to hire a man applying for that job? What about a homely woman, or a fat one?

[DontSayBanana]

"Unintentional discrimination?" Dear lord, I hope she's got that on appeal; this reeks of an ex post facto judgment.

[KRonn]

I've always wondered about when you can discriminate, say based on sex. Clearly you don't have to hire a guy who wants to work at your strip club - so there is *some* kind of allowable discrimination based on gender, or even attractiveness.

What about your restaurant that employ's hot young women in skimpy clothes as their waitresses? Can you refuse to hire a man applying for that job? What about a homely woman, or a fat one?

Hooters got sued by some guys who wanted the waitress/waiter jobs. Lol... This is how twisted we get. I forget the outcome but I don't think the law suit got very far.

[Neil]

Is this a UK case? You said US in the first post but this looks British.

And 'quid' is only used in reference to the pound.

I think what we have here is another example of Martinus' hatred for America, brought on by jealousy.

[ulmont]

I've always wondered about when you can discriminate, say based on sex. Clearly you don't have to hire a guy who wants to work at your strip club - so there is *some* kind of allowable discrimination based on gender, or even attractiveness.

What about your restaurant that employ's hot young women in skimpy clothes as their waitresses? Can you refuse to hire a man applying for that job? What about a homely woman, or a fat one?

Berkut, for cases of age, sex, religious, or national origin discrimination, if the characteristic is a "Bona Fide Occupational Qualification," then the employer may discriminate based on it.

So strip clubs, churches, and ethnic restaurants are safe.  IIRC, the law as written does not allow race to be used as a BFOQ, but there is at least one appellate decision that effectively treated it as such.

[Grallon]

I've always wondered about when you can discriminate, say based on sex.

The Quebec govt is happy to oblige you.   I read this morning that the Quebec Human Rights Commission has judged that it was acceptable to accomodate people who invoke religious reasons and demand to be served by employees of their own sex.  And in a 'bold' move the SAAQ (a Qc public agency that handles drivers' licences among other things) will go forth and allow discrimination based on sex in such cases. 

And this is only the beginning.  Fucking bullshit! 




G.

[Eddie Teach]

Example 5. A deaf person is not hired as a musician at the philharmonics, because, well, she is deaf.

If the deaf person can play their instrument as well as other applicants and can pick up visual cues on when to start, why not hire them?

[Martinus]

Is this a UK case? You said US in the first post but this looks British.

Ooops sorry, I meant the UK.

[alfred russel]

The obvious remedy in the original post is for the woman to get her job back. Maybe what the article didn't include was that KPMG was unwilling to do that?

40k isn't that much money to get rid of a professional employee that you don't want working for you, in the grand scheme of things.

[Martinus]

I've always wondered about when you can discriminate, say based on sex. Clearly you don't have to hire a guy who wants to work at your strip club - so there is *some* kind of allowable discrimination based on gender, or even attractiveness.

What about your restaurant that employ's hot young women in skimpy clothes as their waitresses? Can you refuse to hire a man applying for that job? What about a homely woman, or a fat one?

Berkut, for cases of age, sex, religious, or national origin discrimination, if the characteristic is a "Bona Fide Occupational Qualification," then the employer may discriminate based on it.

So strip clubs, churches, and ethnic restaurants are safe.  IIRC, the law as written does not allow race to be used as a BFOQ, but there is at least one appellate decision that effectively treated it as such.

I think churches are tricky and at least here it depends on the job you are applying for (i.e. churches do not get a blanket right to discriminate). For example, they can't require that a janitor applying for a job be of their religion.

[ulmont]

I think churches are tricky and at least here it depends on the job you are applying for (i.e. churches do not get a blanket right to discriminate). For example, they can't require that a janitor applying for a job be of their religion.

Roughly the same here; see the "bona fide occupational qualification" requirement I noted.