Can i be denied a position in a company based only on physical appearance?

Even though i have previous experience in the position i want to be trained in, i was informed that due to heavy scarring on my arms i will not be allowed to train on the register, where i would interact with the customers. I have to stay in the kitchen where i will not be seen. It is my belief that the decision is based only on my physical appearance and not on my job performance. I have no record of theft, in or out of work, and i have previous experience in the position as i worked for the same company in a different state before i was hired at this store.

Asked on June 11, 2009 under Business Law, Ohio


N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, unless the employer has a legitimate reason for it. But it can't be based on unreasonable assumptions or stereotypes about your ability to perform the job.

You should consult an employment law attorney who can review your situation and determine if the company is improperly denying you a position.

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