Question

Please respond to each of the following case scenarios. Your perspective is that of a Supervisor or as an observer evaluating the supervisor’s decision in each of the scenarios unless otherwise advised. Ensure that you identify the specific prohibited grounds if you find that there is the basis for a Human Rights complaint. Also, make sure that you address the relevant issues in each case and provide an explanation, as needed. Limit your response for each scenario, to about 150 words per scenario, but if you need more words for some scenarios, then go ahead.

1. You notice an advertisement for a salesperson for a man’s clothing shop that caters to men of small stature, which states that only individuals shorter than 5’ 8” will be considered for a sales position. Is this a violation of Human Rights legislation? Is the clothing shop allowed to do this? Explain fully.

Answer 1

Seeing the same situation, no I don't believe that this is a violation for the Human Rights legislation for the employment purposes. As we can clearly see in this case that the shopkeeper is a one where the clothes are especially designed for the men having smaller heights and smaller stature. Seeing this as the main purpose of the business and the key activity of the organisation, the business would want to hire a salesman to whom the customers could feel most personally relatable and attached with. If any person having a 6 ft height would sell a clothing item for a 5'5 ft height man, this wouldn't create as good expression of sales and nobody would be satisfied with the purchase. Thus, to endorse the selling of such clothes and items especially for which the business is made up of, the salesmen of below a height of 5'8 is required and this is not at all any violation or unethical. Even the law allows to discriminate for such purposes or have fair discrimination sometimes only if the business has the key reason for the discrimination to be practiced by the same.