Off-topic Talk Where overpaid, underworked S2000 owners waste the worst part of their days before the drive home. This forum is for general chit chat and discussions not covered by the other off-topic forums.

Is This Legal??????

Thread Tools
 
Old Aug 16, 2002 | 03:18 AM
  #1  
nHobbes's Avatar
Thread Starter
Registered User
 
Joined: Apr 2002
Posts: 1,173
Likes: 0
From: =)
Default Is This Legal??????

ok, i just have to ask. there are a lot of knowledgeable ppl on this board.

my friend (yes, real friend, not me) applied for a job in the IT field. they asked that she come in to take a test (to test her writing skills, computer knowledge, etc). odd that she had to take a test...it is a pretty high level job! anyways, this test was mostly computerized and MANY ppl with masters degrees have failed recently (i know, b/c my boss sent a lot of colleagues to apply for this job and they all failed). anyways, this was not an interview, it was just to take the test...if you passed, then they would call you to set up an interview. well, after taking the test, the recruiter was supposed to email her test results (scores) and tell her if she passed their standards or not.

when she got the email it said "they have informed me that they do not believe you are the right fit for them. though this was not the main concern, one thing they mentioned was that you smelled like cigarettes for the interview. (note: again, this was NOT an interview, it was just to take the test) not sure if you smoke, but you may want to avoid these environments before an interview.

btw, she does not smoke.

NO mention of scores as they did with everyone else! this was all they wrote! is this legal? basically, they're saying they didn't hire or give someone a chance b/c they smelled??? isn't that discrimination to some extent (example, you are an immigrant and the types of food make you smell different, etc). what if she just walked by a smoker and they blew smoke in her face right before she walked in the building? this just doesn't seem right! please advise. thanks!~
Reply
Old Aug 16, 2002 | 03:37 AM
  #2  
JonBoy's Avatar
20 Year Member
Liked
Loved
Community Favorite
 
Joined: May 2002
Posts: 19,735
Likes: 248
Default

A person's personal habits outside of work are of no concern to the employer UNLESS those habits are affecting the person's performance. Smoking, while harmful physically, is not one of those things. Hardcore drugs, yes, I'd say that's pertinent, but small doses of alcohol or smoking are none of their business. I would say that this is definitely infringing on her rights. Then again, would she even want to work there after this, or is she just thinking of a lawsuit (I think she'd get a settlement in a lawsuit).

My advice would be for her to call up someone with some authority and straighten it out. Either that or talk to a lawyer, then have him/her talk to someone in authority.
Reply
Old Aug 16, 2002 | 03:45 AM
  #3  
nHobbes's Avatar
Thread Starter
Registered User
 
Joined: Apr 2002
Posts: 1,173
Likes: 0
From: =)
Default

yeah, i agree. she's mostly upset that they would do this. when i read it, i flipped!!! i couldn't believe they said this....this is ALL they said! wtf? this is a pretty high end job with a rather large salary (comfortably into the 6 figures). i'm very disappointed that there are still ppl out there who can be so unprofessional, especially in the IT field for a position of this level!

at this point, i'm suggesting consulting a lawyer.

anyone else with their opinions?
Reply
Old Aug 16, 2002 | 07:19 AM
  #4  
nHobbes's Avatar
Thread Starter
Registered User
 
Joined: Apr 2002
Posts: 1,173
Likes: 0
From: =)
Default

man, i just found out she easily passed the exam that to this date, no one has passed. now it seems they have no real reason for rejecting her. i'm sure they wished she had failed b/c if she did, then that would be a whole different story. now all they have is the "you smell like cigarettes" as the primary reason for rejection. something is SO wrong about this!

ps....SHE DOES NOT SMOKE! if someone passes by you as you walk into an office and blows smoke in your direction, is that your fault for smelliing like smoke? should you be held accountable for this? basically, they told her she should be more careful where she went so that this would not happen and that it was her fault for not being more cautious!!!!
Reply
Related Topics
Thread
Thread Starter
Forum
Replies
Last Post
MidNiteLite
Off-topic Talk
12
Aug 24, 2007 05:29 PM
cyber_x
Off-topic Talk
3
Jan 25, 2006 09:02 AM
MrWizard
Off-topic Talk
13
May 6, 2004 05:24 PM
gabedude
The Corner
8
Jan 20, 2003 12:37 AM
VA S2K
Off-topic Talk
11
Jan 8, 2001 12:41 PM




All times are GMT -8. The time now is 12:24 PM.