Too old or not qualified? Judge decides
December 4, 2008 by Fred HosierPosted in: Dubious decisions, Here comes the judge, Special Report
A 53-year-old woman says Starbucks discriminated against her based on age. Starbucks wanted the lawsuit thrown out, but a federal court has ruled there’s enough evidence to allow it to go forward.
Deborah Boyajian applied to be a barista at three different Starbucks in Maine.
At one shop, the manager told Boyajian she wouldn’t be hired because of her limited availability.
However, the manager had concluded that she would not hire Boyajian because of her conduct during her interview and Starbucks’ employees’ account of the applicant’s post-interview behavior when visiting the coffee shop to check on her application.
Boyajian filed a claim under the Age Discrimination in Employment Act.
The court noted that the applicant’s behavior during and after her interview would be a legitimate nondiscriminatory reason for not hiring her.
However, there were a couple of other problems.
History of hiring those under 30
In her lawsuit, Boyajian introduced several pieces of evidence to try to show Starbucks engaged in age discrimination. The court decided some had merit.
One claim is that the Starbucks manager lied to Boyajian about why she wasn’t hired. The court said inconsistent explanations for failing to hire an applicant may constitute evidence of pretext.
As part of the court case, Starbucks had to turn over recent records regarding hiring.
During the current manager’s tenure at one branch where Boyajian applied, 19 baristas were hired, none of whom were older than 30 at the time of hiring.
The court said there may be legitimate reasons why no applicants over 30 were hired, but it would be up to Starbucks to present those reasons at trial.
This case provides two lessons HR needs to stress with hiring managers:
- Keep accurate records on why some applicants are hired and others are rejected. Even the appearance of age discrimination can cause a company trouble.
- Managers can get a company in trouble if they lie to applicants about why there weren’t hired.
The court’s opinion is available online here.
What are your thoughts about this case? Let us know in the Comments Box below.
Tags: age discrimination, court, Starbucks
December 5th, 2008 at 11:50 am
The unemployment rate of those in their 50′s is close to 50%. The unemployment rate for those in their 20′s is less than 10%. (For those in their 20′s with a degree, one expert said the unemployment rate has been 0% for the past 7 years.)
Age discrimination is real. So far, companies have successfully covered up their crimes.
I expect we’ll see more age discrimination cases decided in favor of the older plaintiff.
December 5th, 2008 at 11:57 am
I would be interested in seeing how many of the applicants for a barista position at that Starbucks are over the age of 30. There are several good reasons though for being honest (brutally so, even) with applicants as to the reason they were not offered a position.
December 5th, 2008 at 12:08 pm
Many hires for customer contact positions are made on customer demographics, regardless of the law. I can understand that, even if I don’t agree with it. I would be interested in knowing customer vs. employee demographics at those Starbucks. Many customers are more comfortable in dealing with people who are like them demographically, and businesses are well aware of that. Comfortable customers build the habit of returning and that’s good for business. However, kindness in not hiring someone can be a dangerous thing. Tact is a skill every HR person has to have in their ‘toolbox’, but the truth is a critical one.
December 5th, 2008 at 12:14 pm
Companies need to watch this, just because you are older does not mean that you cannot perform a job. The older generation brings work ethic and experience to the work place. In the younger generation we see a lot turn over, less work ethic. What qualifications do you need to work at Starbucks?
December 5th, 2008 at 12:39 pm
I’m 45 and applied at 4 diffrent Starbucks in my area, called in for 1 interview. during the interview the manager asked me how well did I work with kids!! She also asked if I was willing to start at 4:00am I have no problem, I’m an early bird. Most Starbucks employees are under 25 with piercing on their face, gothic look, greasy hair I don’t see how any one can feel comfortable looking, yet getting something to eat from someone that has this type of apperance. Some employee’s in the morning look like they don’t brush their teeth!
December 5th, 2008 at 12:51 pm
Yes, K. Hamm, demographics might play a role in it, however, the burdon is on Starbucks to prove that baristas within a certain age is a BFOQ (Bona Fide Occupational Qualification). I have a feeling that will be pretty hard to prove in this case.
Bottom line, be honest or else you’ll end up with the “cry wolf” syndrome.
December 5th, 2008 at 12:56 pm
Many people do not even ask why they aren’t hired. They go forward and keep looking for a job. In some jobs physical capability make a defferene. Numbers as to how many 50 year olds get jobs as opposed to 20 year olds can be misleading. Twenty year olds need jobs. They are at the beginning of their life. Many 50 year olds do not need jobs. Some work at part-time jobs because they enjoy work. Sueing companies for all kinds of reasons can be an outlet for goals and challenge in the life of the 50 year old. Sueing companies adds to the economy situation. Our society has so much and yet we all want more and more. We want everyone to have the best of life. The person living that life needs to know no one gets everything. We are all born as individuals and we all have different lives. We cannot all do the same jobs and age is not the only reason. I have been to some Starbuck’s where the employees do not do their job well at any age. Can’t this lady find a job with a company or a task she is capable of handling. Wasting tax papers money on Trial and judges does not help the economy or reality of life.
December 5th, 2008 at 1:49 pm
Well what I am curious is what was her conduct during her interview and post-interview that was found offensive. I mean honestly, who really wants to face someone who may be psychotic? Based on the information given in the article, it may be inferred that she is a difficult person, after all she then went for a law suit. I don’t know, it seems there is information needed in this article.
Age discrimination is real, but is it real for this case?
December 5th, 2008 at 1:53 pm
Jeanne,
First thing, suing is spelled suing. If someone had not “sued” years ago for a woman’s right to vote, attend college and a host of other rights you would not be wondering why some “old” person is just sitting around waiting for someone/thing to sue. Your reasoning that suing is an outlet for 50 year old because they do not have a life is laughable. You don’t think that a 50 yr old is holding down a job, helping their 20 something children through college, helping with their children’s down payment for a home, watching their grandchildren, etc? My goodness woman, wake up and look around! 50 yr old people do not have one foot in the grave, they are productive members of society. I’m sure that your Mom/Grandmom/Aunt would be more than happy to set you straight.
December 5th, 2008 at 1:54 pm
Jeanne Orth – “sueing companies for all kinds of reasons can be an outlet for goals and challenge in the life of a 50 year old”! You sound like you must be 20 years of age with no experience in HR and with an age bias. According to your logic it would be o.k. to discriminate based on sex, age, sexual orientation or ethnicity because people could just “move on” and continue looking for work even if these people were qualified for the positions they were rejected for. Take a class in law or HR and get a better perspective about the environment in which you work in.
December 5th, 2008 at 1:59 pm
The bottom line is you need to look like a (“THUG”) or homeless to work at Starbucks!!!!!
December 5th, 2008 at 2:10 pm
Here, here John! Also, what planet are we speaking of where “Many 50 year olds do not need jobs.” I’m interested in that I’ve worked in HR for many years, but was looking to supplement my income for a few months when my son went to college (Yeah, I’m 50+). I applied at my local Starbucks. No interview, no return phone call, nothing. I never thought about age discrimination, but the store was filled with 18-25 year olds. Only the manager looked older…..maybe 35?
December 5th, 2008 at 2:59 pm
I’m sorry everyone is ripping on Jeanne, but it does seem like she still thinks most “older” people get pensions and descent social security benefits.
I think the main take away from this case is not the age issue (because she very well could have been disqualified for her attitude) rather, sticking to your story or the reason you did not hire…and possibly keeping that reason as general as possible. “There was someone else who was better qualified.” If you’re too specific, you open yourself up to more direct (specific) litigation with little room to sqirm.
On the other hand, this might be a good wake up call for Starbucks to refine thier hiring practices.
The closer I get to retirement age, the more respect I have for those who are already there!
December 5th, 2008 at 4:25 pm
I have to agree with most of the people’s opinions. When you reach a certain age, 50 and above, everyone is very reluctant to hire our peoples. They say we are higher risks for falls, the way we look, the way we act, etc. Well I will tell you . . . I am 51 years old and can still hold my own up against any 25-35 year old in business or personal. Shame on you Starbuck!!! I will NEVER shop at any of your stores again!!!
December 5th, 2008 at 4:27 pm
Strange that no one is asking for medical confirmation of the aleergy. Also how aout assigning the allergic persdon to an area where they do not come into contact with other employees. There are also air purifiers that amy help this problem.
December 5th, 2008 at 5:15 pm
Nurse oerson: You are on the wrong blog…
December 5th, 2008 at 5:36 pm
There is a lot of age discrimination in retail stores. I was a store manager and left my position. After not finding a new job in 6 months, I went to the competition and applied for a cashier position at $5.15/hr. I was over qualified, but they passed on me for a couple of 18-20 year olds.
I am sure part of it was that they did not think I would stay, because of such a large cut in pay. But food on the table, and a room over my head was worth more than my pride. I loved the “business” and wanted to at least work part-time in it again.
As a previous store manager, I know what they were thinking, but why hire a 40+ applicant, who might leave, when the 18-25 year olds leave more often.
December 6th, 2008 at 3:02 am
I work for Starbucks and I am 50 or so. Why do I work there because I need the income, life did not turn out the way I thought it would at my age. And I work my butt off at my store while I watch the kids stand and talk, text on the phone. And I am told to work harder and faster and they do not say that to the kids, they will cut their shifts and keep me longer. I get longer hours and more days because they know when I come in, I am there to work. So, we over 50 are not taking everyone to court because of discriminiation, we work because we need the income. Wake up
June 10th, 2009 at 1:45 am
I applied at a Starbucks in Hawaii, after a month I was called in for an interview on a Monday. I recieved a call back at home an hour later and was asked to come in for another interview the following Thursday. So far all has been very positive. The next Saturday, I was called at my present place of employment to come in at 8:00 am the next Monday to speak with the Manager. Once again a very positive interview and she asked me to come back later that day to speak with her Assistant Manager, which I did. I have been a customer there for quite a while and knew the Asistant Manager. He informed me of all the things I would be taught and gave a very positive interview. I was also informed I would be informed of the outcome by Wednesday. No call!!! I stopped by a couple days later and was told ” Oh the Manager will let you know by Friday”. Guess what no call again!! I called back a couple days later and was told they had hired someone else. I am 56 years old and have worked since I was 16. I have an extensive background in retail and customer service. I feel this is age discrimination and they could of at least had the courtesy to let me know what happened or shouldn’t have called me in 4 times.