Comments on: Employer to applicant: We’ll hire you under this condition http://www.hrblunders.com/employer-to-applicant-well-hire-you-if-you-lose-weight/ The worst mistakes, catastrophes, and near-misses Sat, 24 Jul 2010 21:23:25 +0000 hourly 1 http://wordpress.org/?v=abc By: Heather http://www.hrblunders.com/employer-to-applicant-well-hire-you-if-you-lose-weight/comment-page-1/#comment-12618 Heather Sat, 21 Mar 2009 17:55:47 +0000 http://www.hrblunders.com/?p=524#comment-12618 Wow, what a gracious effort of the Marines and what an overwhelming achievement of the Mr. Milana! Wow, what a gracious effort of the Marines and what an overwhelming achievement of the Mr. Milana!

]]> By: John http://www.hrblunders.com/employer-to-applicant-well-hire-you-if-you-lose-weight/comment-page-1/#comment-6002 John Mon, 24 Nov 2008 13:25:43 +0000 http://www.hrblunders.com/?p=524#comment-6002 Linda Good for you! Linda

Good for you!

]]> By: Linda http://www.hrblunders.com/employer-to-applicant-well-hire-you-if-you-lose-weight/comment-page-1/#comment-5913 Linda Sat, 22 Nov 2008 02:03:10 +0000 http://www.hrblunders.com/?p=524#comment-5913 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! 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!

]]> By: DG http://www.hrblunders.com/employer-to-applicant-well-hire-you-if-you-lose-weight/comment-page-1/#comment-5903 DG Fri, 21 Nov 2008 22:48:35 +0000 http://www.hrblunders.com/?p=524#comment-5903 Jennifer, I agree with you. The Marines are in class above all others. Very impressive of them! Jennifer, I agree with you. The Marines are in class above all others. Very impressive of them!

]]> By: John http://www.hrblunders.com/employer-to-applicant-well-hire-you-if-you-lose-weight/comment-page-1/#comment-5888 John Fri, 21 Nov 2008 20:32:03 +0000 http://www.hrblunders.com/?p=524#comment-5888 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 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

]]> By: Debbie http://www.hrblunders.com/employer-to-applicant-well-hire-you-if-you-lose-weight/comment-page-1/#comment-5887 Debbie Fri, 21 Nov 2008 20:21:46 +0000 http://www.hrblunders.com/?p=524#comment-5887 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! 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!

]]> By: Jeanette http://www.hrblunders.com/employer-to-applicant-well-hire-you-if-you-lose-weight/comment-page-1/#comment-5871 Jeanette Fri, 21 Nov 2008 19:16:43 +0000 http://www.hrblunders.com/?p=524#comment-5871 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! 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!

]]> By: John http://www.hrblunders.com/employer-to-applicant-well-hire-you-if-you-lose-weight/comment-page-1/#comment-5858 John Fri, 21 Nov 2008 18:42:15 +0000 http://www.hrblunders.com/?p=524#comment-5858 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. 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.

]]> By: Jeanette http://www.hrblunders.com/employer-to-applicant-well-hire-you-if-you-lose-weight/comment-page-1/#comment-5822 Jeanette Fri, 21 Nov 2008 17:27:05 +0000 http://www.hrblunders.com/?p=524#comment-5822 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. 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.

]]> By: R. B. http://www.hrblunders.com/employer-to-applicant-well-hire-you-if-you-lose-weight/comment-page-1/#comment-5815 R. B. Fri, 21 Nov 2008 17:20:59 +0000 http://www.hrblunders.com/?p=524#comment-5815 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. 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.

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