Question:

Hire a lawyer or no???

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i recently went looking for a job and went to the mall near where i live i walked into 99% of the stores that are all over the mall and got applications... now some of the people whre just up front and said that they werent hiring to myself and the other people that walked right in front of me to get an application also.... now some of the stores would tell all the skinny girls that walked right in front of me they were hiring and they would get a manager for them but when i asked they looked at me and gave me a weird look and said we are not hiring...... and on the way out of these stores i heard shes too fat to work here....

is that discrimination?

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  1. Yes it is, however it's a small issue, don't waste your money.

    All lawyers usually take 40% of the money you gain, so it's not worth it.


  2. yes it is discrimination but unfortunately it is your word against thier's unless you have witnesses.  The time, trouble and money that you will spend in a legal battle over it is not worth the little amount of money that you would likely receive and it may back fire and end up costing you for the lawyer and walking away empty handed...It is not fair of them to do that to people and it is a shame for them to get away with it but I really think you would be fighting an uphill battle.

  3. You shouldn't hire a lawyer because your story doesn't sound believable.

    The way you describe things, you make it sound like people go to Malls just to ask for employment applications. Unless there's something I'm missing (like it's a brand new mall that's not even open yet or you intentionally set up a situation where a skinny person would also ask for an application.) I find it somewhat unlikely that at a typical mall, even at just one of the stores you went into a skinny person was asking for an application at the same time you were there. It's extremely unlikely this happened at multiple stores.

    Also if it's a clothing store and you are a size they don't sell I believe they can  have a ploicy to only hire people who are able to use there product, at-least that seems like a reasonable policy to me. However it may still be illegal to not give you an application. In fact in California most companies always accept applications to avoid just this kind of lawsuit.

  4. It is discrimination. Whether you can prove it or not, is another story. You would be better off going back to the store, and asking to see the manager. Once you sit down with the manager, ask him/her " Why is it that this retailer is more than willing to sell products to people like me, but unwilling to hire people that look like me?"

    Depending upon his answer, I would tell the manager, i think I will file a complaint with your corporate office, and the State Labor Department.

  5. Appearance is not an EEOC protected classification.

    I'd not waste the money.

  6. Yes that is discrimination. Proving it is different. If you go to a store with a witness and are turned down, then have some one else go right after you with a witness and they are interviewed you have a case.Many employers now have policies not to hire obese people or smokers. As to the fact insurance is iffy with people who endanger their health voluntarily.Talk to a lawyer that takes contingency cases.
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