Employer to applicant: We’ll hire you under this condition
November 19, 2008 by Fred HosierPosted in: In this week's e-newsletter, Latest News & Views, Oh no they didn't
Imagine this: A man, weighing 330 pounds is sitting across from your desk because he’s applied for a job. You tell him, “We’ll hire you if you lose weight.”
That’s what happened to Ulysses Milana. And he lost the weight and got the job.
Milana wanted to serve his country in the military. The Army and Navy took one look at him and said forget it.
But the Marines told him, if he really wanted to join, they’d work with him to lose weight.
Now, 11 months later, Milana is 140 pounds lighter, and he’s scheduled to leave soon for boot camp.
Marine recruiters worked with him, helping to develop a workout regimen.
Milana, a resident of Maine, told the Sun-Journal losing the weight wasn’t easy. He had to give up favorite foods like pizza and hot wings, but the most difficult part was doing without a beer after work.
“You see all your friends drinking beer, and you’re like, ‘Oh, man, I want one,’” he said.
But Milana was determined, and instead of having a beer after work, he would head for the gym or go for a run.
Tags: applicant, lose weight, Marines
November 21st, 2008 at 11:47 am
What a wonderful story!
November 21st, 2008 at 12:17 pm
Another example of why the Marines are in a class above all others.
November 21st, 2008 at 12:20 pm
I think it’s great that the Marines worked with him to help him achieve his goal. And I applaud him for sticking with the regimen. This is a situation where it is a legitimate job requirement that a person be able to do certain things physically that might not be possible for someone who is very overweight. I’m glad they helped him find a way to get in shape so he could meet those legitimate job requirements.
November 21st, 2008 at 12:27 pm
I’m happy for him and that he got what he wanted.
But…
Why is it that public and governmental agencies are not held to the same standards they impose on the private sector? We would be spending the next 5 years in court for a similar action.
November 21st, 2008 at 1:42 pm
Jeanette I don’t think that the private sector would face a problem with the same type of situation. Being morbidly over weight is not a protected class nor does it necessarily fall under an ADA protection. I think if the private sector worked with him.ie showing the same amount of good faith, then there is no cause of action. However I also think that it would not be in the best interest of a job in the private sector to do such a thing.
I may be wrong for I am a public safety H/R director. We have a physical standard that all applicants must meet as a condition of employment. The 300 pounder would most likely have failed the physical on many levels and would not have been hired.
November 21st, 2008 at 2:16 pm
Thanks, John:
I live and work in California, where the public sector employees are exempt from state minimum wage, daily OT, etc. I wouldn’t dream of making a comment about anyone’s weight or any other physical characteristic. And unless the job was very physical, it would have no bearing on our post-offer, pre-employment physical exam/drug test. We in CA are consistently on the cutting edge of employee rights and perceived discriminatory actions. There is always someone to take a case, with or without merit, which we are then obliged to defend. EEOC/DFEH more often than not do not investigate, just issue a right to sue letter.
My goal in life is to not be paying for my attorney’s grandson’s education!
Have a nice weekend!
November 21st, 2008 at 3:21 pm
I, too, was a Marine from Maine. However, when I joined I was considered “under” weight (I was 95 pounds). For my height (5′ 3″), I needed to weigh at least 103. Like with Ulysses, the Marines worked with me to make sure I was strong enough and weighed enough for the mission. The few, the proud, the “women” Marines! Semper Fi Ulysses. Good luck in boot camp!
November 21st, 2008 at 3:32 pm
Jeanette: “We in CA are consistently on the cutting edge of employee rights and perceived discriminatory actions. There is always someone to take a case, with or without merit, which we are then obliged to defend.”
Ohhh. California! 9th Curcuit Court of Appeals! Now I fully understand where you are coming from with your comment. I’m in VA., which I think is the 4th Curcuit, and is most certainly more conservative and employer friendly. You guys in Californai get hammered if you breathe wrong. I’m impressed with H/R people from there just for surviving the profession.
You have a nice weekend too! Mine will start about three hours sooner than yours. Hee hee
November 21st, 2008 at 5:48 pm
Jennifer, I agree with you. The Marines are in class above all others. Very impressive of them!
November 21st, 2008 at 9:03 pm
Jeanette, we bow down to those of you who are willing brave the HR profession in California! I couldn’t do it!
I was interviewed for a Benefits Manager position for a company in Florida and was told, “There’s no doubt you’re the best qualified candidate for the position, but because you are so overweight, you would not be able to represent our consumer-driven healthcare initiative.” They hired someone else, and that was the motivation I needed to lose 70 pounds!
November 24th, 2008 at 8:25 am
Linda
Good for you!