It seem that CARDWARE is in trouble again. This time it is involving the companies new “The Sporty One” retail stores. The Cardigans are opening these new stores nationwide to sell a line of sports wares. It is looking for employees that fit the image of an athlete to work at these stores.
CARDWARE placed an advertisement looking for a salesperson with experience in retail sales or marketing. The advertisement also read “ energetic, youthful, athletic, and be able to “sport” the clothing lines of the The Sporty One with style”.
There were two applicants for this position that were interviewed. Petunia, a middle-aged woman with five years sales experience in a garden shop. And Noah a college graduate in marketing and has customer service experience. He also has a slender build and is a racquetball player. Noah was given the position. Petunia is angry that she was not hired claiming discrimination due to her age.
According to uslegal.com “Bona fide occupational qualifications (BFOQ) are employment qualifications that employers are allowed to consider while making decisions about hiring and retention of employees. The qualification should relate to an essential job duty and is considered necessary for operation of the particular business. The Bona Fide Occupational Qualifications rule allows for the hiring of individuals based on race, sex, age, and national origin. “(Uslegal.com, 2015)
CARWARE’s advertisement is vague in its qualifications requirements. That’s why Petunia felt that she would be a good candidate for the position. The Sporty Ones slogan is “You don’t have to be an athlete to look and feel like one.” Because of this Petunia also could justify that she fit CARWARE’s image. I think that the biggest reason that Noah was hired over Petunia was not because of his age, or that he better fit the energetic, youthful, athletic image of The Sporty