Question

Ann, who is four feet five inches tall, met with the manager of a liquor store to discuss employment as a cashier. The manager seemed receptive, and Ann left the store with the impression that the manager would call to arrange training. However, the manager hired someone else. When Ann asked, the manager said Ann was too short to do the job. What protection does Ann have under human rights law in this situation?

a. She is protected on the grounds of sex.
b. She is protected on the grounds of physical disability. c. She is protected on the grounds of national origin.
d. She is protected on the grounds of source of income.

Answer 1

Ann would be protected based on her physical disability (option b) under human rights law.

Step-by-step explanation:

Ann, who is four feet five inches tall, met with the manager of a liquor store to discuss employment as a cashier. The manager seemed receptive, and Ann left the store with the impression that the manager would call to arrange training. However, the manager hired someone else. When Ann asked, the manager said Ann was too short to do the job. Under human rights law, Ann would be protected based on her physical disability (option b). The Civil Rights Act of 1964 prohibits employment discrimination based on physical disability, among other categories such as race, religion, and sex.

Ann's situation potentially falls under the protections against employment discrimination on the basis of physical disability. However, being short is not always recognized as a disability, and the Civil Rights Act of 1964 does not explicitly cover height. The ADA may provide protection if her stature is due to a medical condition that is considered a disability.

Ann is seeking protection under human rights law due to discrimination in employment. Based on the scenario where she was not hired for being too short, Ann's situation could potentially fall under the protections against employment discrimination on the basis of a physical disability. However, being short is not always recognized as a disability. The key piece of relevant legislation is the Civil Rights Act of 1964, which prevents discrimination based on race, color, religion, sex, and national origin. It does not explicitly cover height as a protected characteristic. The manager's decision to not hire Ann due to her height does not fall under the protected categories mentioned in the Act unless her short stature is due to a medical condition that could be considered a disability. In such a case, the Americans with Disabilities Act (ADA) could provide protection, necessitating reasonable accommodation unless it causes undue hardship to the employer.