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ndyia

Junior Member
What is the name of your state (only U.S. law)? I am a hiring manager. I asked another manager to sit on my second interview panel. We interviewed four people and he completely discriminated against all of them. He only holds a home school certificate in lieu of a high school diploma. No further education. He asked me how did I get all these applicants with this much education!! The first candidate was a male and he referred to the candidate as a "fairy" referring to his sexual orientation. He said his staff would send the guy home crying everyday. The second candidate was a hispanic female from New Jersey and he told me I would have to translate because he doesn't speak New Jersey!! When she finishe he said we cannot hire this "B****" because she would get on his nerves. The third candidate he said he really liked her but said she reminded him of "Mrs.Cosby" and that he can see her knitting sweaters in her office!! The final candidate, as she was walking up he said we cannot hire because she is not attractive at all!! What should I do?
 


Never ask him again to sit in on job interviews....

That manager is a lawsuit away from being unemployed. You might talk to your HR department so they can document his record and eventually terminate him. I hope you're not making hiring determinations based on this idiot's prejudice. That could get you sued.

Good luck.
 

ndyia

Junior Member
Thanks, just as I thought! Might I add he went around theoffice telling others I had him interviewing a "fairy" whose ambition is to become a singer. That was a goal that was disclosed by the interviewee!!
 

justalayman

Senior Member
I do not believe sexual orientation is an across the board illegal act of discrimination. If it is not in your area or specific employer, the guy did nothing illegal. As well, you do not even suggest the guy was not hired due to his sexual orientation. He made an observation the guy was a fairy, not that he would not hire him because he was. I know if I was hiring for the NFL front defensive line, a guy that I would describe as a fairy (mind you, a fairy is not how all gay guys act. It is a reference to specific actions of a person. Heck, I have seen guys that I would consider acting like a fairy that I knew they were not gay. It's just how they act) would have no chance of being hired.

To the New Jersey gal. Last I knew, it wasn't illegal to discriminate against people from New Jersey. In fact, last I knew it was pretty typical.:eek: His statement of "she would get on his nerves" is a valid reason to not hire a person. Obviously a persons personality plays a huge part in employment.

Third candidate; I can't see anything wrong with refusing to hire a person because they reminded you of Mrs. Cosby. Maybe he doesn't like Mrs. Cosby. I suspect I would not hire a person that reminded me of Adolph Hitler or Robert Mugabe. It may be that his reference to "knitting sweaters" may have been that he did not see her as a "go getter" but a "I don't do anything quickly" type of person.

the last one; a reality and in most states, not a protected class.

while I suggest you structured your question to draw a response that all of the actions were illegally discriminatory, the fact is; most, if not all, aren't. I would suggest the guy does in fact border on being a liability and should be observed well enough to ensure he is not actually discriminating against people but it may be he simply lacks tact.

and yes, I am fairly sure this is a question for homework.
 

pattytx

Senior Member
And, OP, if you had entered your state when you started your thread, we would actually be able to TELL you if sexual orientation or personal appearance is protexcted in that state, Neither is not protected federally.

National origin IS protected federally.

Were these comments made in the presence of the candidates?

But I agree, why in the HECK was this guy invited to the interview? If one is a bad party guest, one does not get invited to the next party.
 
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ndyia

Junior Member
Thanks for all of the comments. I agree personality plays a huge part! But he said she would get on his nerves because she is Hispanic and he ouldn't tolerate listening to her talk. As for the "fairy" comment he did go further and say "gay" people have no place in our office and I shouldn't select him. The Mrs. Cosby joke was directed towards her age. He said she is an older "grown" woman and wouldn't fit in when he and his guys bring their dart guns to work!! I'm in SC by the way.
 

justalayman

Senior Member
I agree personality plays a huge part! But he said she would get on his nerves because she is Hispanic and he ouldn't tolerate listening to her talk.
but now you are changing the facts but even with this, it isn't that she is Hispanic but her voice is intolerable. Big difference. I wouldn't want to listen to some people all day and would resist hiring them if they would be in a position to where I would have to listen to them all day.

As for the "fairy" comment he did go further and say "gay" people have no place in our office and I shouldn't select him.
and again, changing facts presented.From a very quick look, it doesn't appear that sexual orientation is a protected class in SC so no problem there.

The Mrs. Cosby joke was directed towards her age. He said she is an older "grown" woman and wouldn't fit in when he and his guys bring their dart guns to work!!
and yet again you add facts not originally presented. This might be an age discrimination issue or it might simply be a matter of she is not a good fit for the job. For me, there isn't enough facts presented to even stab at a guess either way.
 

ndyia

Junior Member
My reason for filing the post was not to file a complaint. I plan to make a selection but just wanted to be sure the comments won't come back to bite me later. He made many of the comments in the presence of other staff members and my concern is if anyone else reports this elsewhere and me being a manager choosing to keep quiet. I am not changing the facts, but for obvious reasons, I couldn't provide too many identifying details!! My greatest concern is the unfair treatment of a new employee and then putting the company at risk because of this manager.
 

cbg

I'm a Northern Girl
I can confirm that sexual orientation is not a protected characteristic at the national level. It is in some states and some municipalites. However, since the OP chose to omit her state we cannot tell her if it is protected there or not.
 

csi7

Senior Member
Post # 6 state is SC.
I would document all the statements to have for future reference and be in touch with HR as well.
 

justalayman

Senior Member
. I am not changing the facts,.
ok, you didn't change the facts but you did withhold facts that were pertinent. Those added facts do change how the situation is viewed. In a couple situations, to the point of making the statement more likely to be illegal, in some, no change at all. Even with the new additions, it is not clear that there would be any any illegal actions should the decisions be made based on your co-workers input.
 

cbg

I'm a Northern Girl
If the state is indeed SC, that is NOT one of the states where sexual orientation is a protected characteristic.
 

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