Tag Archives: ADA

Flexible Workplaces

Arizona Employers Learn Workplace Violence Prevention

The Phoenix business community has already experienced several tragedies, with the first workplace shooting of the year in January, and the most recent incident involving a personal relationship issue erupting into another workplace shooting. Though the circumstances leading to these violent outbreaks differ, business owners and human resources professionals can learn from them and be prepared to prevent similar situations.

On Wednesday, June 5, expert speakers Dr. James Turner and Mountain States Employers Council (MSEC) staff attorney Dave Dixon will share a series of interactive vignettes designed to help employers to respond promptly, effectively and appropriately to inappropriate workplace behaviors that create disruption in the workplace, while also minimizing risks related to unlawful discrimination under the ADA, even as disability claims continue to rise. The workplace violence discussions and other significant employment and labor law trends and changes are part of this year’s Employment Law Update at the Sheraton Crescent Hotel, 2620 W. Dunlap Ave., in Phoenix.

While violent behavior can manifest for many different reasons, mental illness is often a root cause. Employers must discern between abnormal but harmless behavior and the signs of a violent progression. MSEC, a leader in human resource and employment law services, helps employers understand the legal and psychological aspects of mental illness; identify warning signs of aggression; and ward off or respond to escalated incidents.

“Whether in the workplace, or society-at-large, failure to effectively manage conduct that may or may not be related to mental illness may bring consequences from simple organizational inefficiencies to the more tragic and violent consequences we have all too frequently seen,” said Dixon.

For more information about MSEC’s services or the Employment Law Update, visit www.msec.org.

For 70 years, MSEC has hosted educational events such as the Employment Law Update for employers throughout the Western United States to maintain productive employer/employee relationships and to build effective, successful businesses.

physical discrimination

“The Beauty Bias” Brings To Light Physical Discrimination In The Workplace

Hypothetically speaking, if Jennifer Aniston was competing against Susan Boyle for an office job and had the exact same resume, who would be more likely to score gig?

And what if Aniston had less experience than musically-gifted but regular-looking Boyle?

According to “The Beauty Bias,” written by Stanford law professor Deborah Rhode, nearly 60 percent of hiring managers would take Aniston — experience or not. This study brings to light a bigger issue: different types of physical discrimination based on a person’s looks.

And it isn’t simply an issue among women.

“The Beauty Bias” also reports that over the course of a handsome man’s lifetime, he will on average make $250,000 more than his less-attractive male co-workers. Tall counts, too, with taller people making more than $700 more per year than those of average height.

One great example of our natural bias to beauty – even in males – is the infamous Richard Nixon/John F. Kennedy presidential debate in the 1960s. Radio listeners, who couldn’t see the handsome, tan Kennedy and sweating, older, shorter Nixon, were sure Nixon had won the debate. However, audiences who viewed the debate on their televisions were positive Kennedy was the victor.

But can this really be seeping into our offices?


Approximately 12 to 14 percent of workers say they’ve suffered some sort of appearance-based discrimination on the job.

There are some out there, however, who are making a very convincing case that this sort of physical discrimination has serious and wide-spread consequences — and that there should be a way to fight back.

Today, there are even some cities, like San Francisco, with laws in place to fight what may be considered this type of discrimination. And, whether there are laws in place or not, there are those out there winning lawsuits and some out there wasting time with frivolous lawsuits based on several types of (what they consider) physical discrimination.

Most often, sex discrimination and age discrimination are issues in these types of lawsuits, especially if the potential or current employee can show he/she was overlooked for a job or promotion by a hiring manager or business specifically seeking a young, attractive individual of a specific sex. Some take it further, arguing that what may be construed as “unattractiveness” is a disability under the Americans with Disabilities Act (ADA).

However, the following features are NOT considered disabilities:

  • Height
  • Weight
  • Eye color
  • Hair color

That being said, extreme obesity that results from some physiological disorder, such as hypertension or a thyroid condition, and deformities are both exceptions to the rule and can both potentially be covered under the ADA.

Another exception to the rule? If you have a job – perhaps as a dancer or model – where looks are meant to perform a specific function of the job, discrimination is out.

So where is the happy medium?

If you have average looks, will you settle for an average life?

Are you doomed for life because of the way you look, good or bad?

Honestly, that is a question you have to answer for yourself. And sometimes, although noting that looks do play a part, maybe you didn’t get that job or promotion for many reasons. Not everything is based on having a flat stomach or Brazilian blowout.

For more information about physical discrimination in the workplace, please visit laborlawyers.com.