Job Descriptions and Requirements

Although employers cannot set a higher requirement than is needed for a job simply to attract a higher-caliber applicant, they can establish basic job requirements and work standards if these do not discriminate. However, as a result of cultural obstacles and practices, women, older applicants, and persons belonging to minority groups may be affected unfairly by job standards based on poor or nonexistent credit (many elder women have never established credit on their own) or level of educational achievement. Courts and anti-discrimination agencies insist that all requirements be related to the successful performance of the job at hand. For example, refusing to hire single custodial parents may discriminate against women, since women are more likely to have physical custody of their children. This is also true with respect to pre-determined height and weight standards. In one case, the New York State Human Rights Commission awarded $225,000 in wages and $95,000 in emotional distress damages to four female job applicants who previously worked for Pan American World Airways and sought jobs with Delta. As part of the hiring process, the flight attendants were required to take preemployment medical examinations and answer questions pertaining to their place of birth and use of birth control devices. Most significant, woman candidates, unlike males, were required to meet "personal appearance" requirements.