Tom was a tall man who operated a successful restaurant that he owned. He believed that tall people commanded more respect in a restaurant. Accordingly, he never hired a waiter or waitress who was less than six feet tall. Because of this, he had
seventeen waiters and no waitresses working at the restaurant. Lucinda, a woman less than six feet tall, applied for a job as a waitress and was not hired. Later, Lucinda learned that a man who was over six feet in height was hired to fill the position. After a few inquiries, she learned of Tom's height requirements and alleged that she was the victim of illegal discrimination. Decide.
?An employer must be able to demonstrate that criteria used to make employment decisions that have a disparate impact on women, such as height requirements, are job-related. Because it is unlikely that Tom will be able to substantiate that only people over six feet tall can command the necessary respect to be hired as waiters or waitresses, the likelihood is that Lucinda has been the victim of illegal gender discrimination.
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