Discrimination posting on Craigslist

oaktree

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So I was searching on Craigslist looking at jobs and I found this one:
Now under Florida law Statue: 760.10 we have this:
(b)
To limit, segregate, or classify its membership or applicants for membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or adversely affect any individual’s status as an employee or as an applicant for employment, because of such individual’s race, color, religion, sex, national origin, age, handicap, or marital status.


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FEMALE 3rd Key for Video Game Store (Kendall)

Date: 2010-10-14, 11:30AM EDT
Reply to: pntkendallgate@gmail.com [Errors when replying to ads?]



The primary function is to operate the Store Front and all facets of store operations including ensuring that the store staff provides friendly, open and enthusiastic customer service, in person and on the phone. This includes answering questions and assisting with product selection, purchases, and returns. Ensure that the store is clean, well organized, and properly merchandised at all times, and that all policies, procedures, and controls are followed.

CUSTOMER SERVICE

Work with all associates to demonstrate and ensure that all customers are consistently acknowledged in a friendly, open manner with a warm welcome and eye contact. Ensure that every customer is thanked for shopping at our store.
Help ensure that staff circulates throughout the store to assist customer(s) quickly and positively with product selection and questions; Ensure that staff effectively assists multiple customers at one time.
Listen, comprehend, and respond to customer comments/questions in person or on the phone using available resources.
Ensure customers are shown products that fit their needs, and that customers are asked for the sale.
Ensure staff answers phone calls promptly, courteously and professionally and use proper greetings.
Ensure staff consistently provides excellent customer service and informs customers about special promotions, magazine subscriptions, pre-orders (reservations), used games, new items arriving (phone call lists) and the videogame trade-in program.
Process customer purchases/return transactions promptly and correctly at point of sale, including manual recording of customer data on paper, making accurate change, placing merchandise in bags, removing receipt from the printer to give to customer, and suggesting additional items (add-on sales).
Ensure all traded merchandise is tested and properly rated and credited to customers' account according to company policies and procedures.
Ensure customer complaints are handled quickly, effectively and courteously.
Ensure associates comply fully with business attire and personal appearance policy. Ensure that all Associates wear name badges at all times.
Build repeat customer base through knowledgeable, friendly, professional service.


MERCHANDISING/STORE APPEARANCE

Effectively maintain merchandise sections, in store promotions, signage, and displays per current guidelines and time lines; ensure sections are well organized.
Ensure that all products are represented on display, and are properly packaged, shrink wrapped, and labeled.
Maintain and keep in working order all store fixtures and equipment. Help manage store staff to ensure shelves, counters, fixtures, merchandise, and store equipment is clean and free of dust.
Ensure that all areas of the store are clean, organized, and merchandised per guidelines at all times, including backroom, cash wrap backstock product, and store supplies.
Ensure, paper, packing/wrapping materials, and any other trash/garbage/debris within the store, is picked up and appropriately discarded.

ESSENTIAL JOB SKILLS/ABILITIES

Possess strong customer service skills, including clear verbal and written communication skills.
Possess basic mathematical skills, alphabetical skills, and working knowledge of computerized cash register and POS system.
Ability to read and interpret documents.
Exhibit team building and team leadership qualities.
Ability to work in a fast-paced, rapidly changing, diverse work environment.
Ability to work extended hours/days as necessary, including Sundays.
Able to work as scheduled to meet attendance requirements.
Strong interpersonal skills.
Ability to deal with problems involving several concrete variables in standardized situations.
Ability to meet individual sales, shrink, and special program goals.

SKILLS

Basic Math
Retail Experience
Point of Sale Systems
MS Word
MUST BE FEMALE

Please email resume to pntkendallgate@gmail.com in order for us to set up an interview.

Play N Trade (video games)
12030 SW 88 Street
Miami Fl 33186

  • Location: Kendall
  • Principals only. Recruiters, please don't contact this job poster.
  • Please, no phone calls about this job!
  • Please do not contact job poster about other services, products or commercial interests.
PostingID: 2005743160

I contacted the manager(maybe he was 22 or so) and explained to him under Florida law you can not deny someone employment based on their sex in which he said
" He perfered a female employee"

However I explained to him that is not in the description and it implies all males will be denied the position.
I asked for his Human resources he said he has none because he is a franchise. I sent an email to the company with the post, I emailed the Florida employment agency the post as well. I did not want the job but I could not idly let such a thing pass by.

Maybe I am wrong and jumped the gun.
What are your thoughts?
 

Carol

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I learned a lot about employment law when I had my own business some years back. Its a strange hobby but...hey, some people collect string. ;)

You are correct, the store is in the wrong.

It is not unusual for civil rights laws to apply only if a business reaches a certain number of employees. Federal law states a business must have at least 15 employees, Massachusetts (as an example) states that local civil rights laws apply if the business has at least 6 employees. Since this is a chain, however, that issue is moot.

It is OK for those lines to be crossed if the protected characteristic is a BFOQ (bona-fide occupational qualification). This is rare, but it does happen. For example, if an employer is looking to hire a Rabbi, it is OK for the employer to specify that the Rabbi must be Jewish.

There is nothing in the responsibilities listed that indicates that being female is a BFOQ for that position in the store. Therefore, it is illegal for the store to advertise that they want a female.
 

Bill Mattocks

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On the other hand, if they advertised that they wanted a female, and I forced the issue and made a case of it and got hired, I doubt I'd have a very nice time working there. Not worth the hassle, from my point of view.
 
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oaktree

oaktree

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Hey Carol
I thought this much too. I contacted the proper channels to check.
The thing that bothered me was I thought maybe he just did not know and made an honest mistake but when he refused to listen and after being called Dude many times...:D

Hey Bill

I agree with what you are saying. I do not have interest working there. But with the economy being as it is and someone looking for a job
and not getting it because of an illegal reason and I sat by and did nothing
to me it just doesn't sit well with me.

Part of me thought let it go, then part of me thought I would try to fix it by explaining it to the manager.
but it was the display of arrogrance by the manager that lead me to filing a complaint. Well maybe that and being called dude so many times....

Thank you for your comments.
 

Carol

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Which may also be illegal. Many states (not sure offhand if Florida is one) also have anti-retaliation statutes as part of their body of labor laws.
 

Bob Hubbard

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There was a big stink about Hooters only hiring women to be Hooters Girls. One of the local DJ's got involved. Think there was a big national blowout and as a result they started hiring men, though you'll still not find any in the orange shorts.
 

Bill Mattocks

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There was a big stink about Hooters only hiring women to be Hooters Girls. One of the local DJ's got involved. Think there was a big national blowout and as a result they started hiring men, though you'll still not find any in the orange shorts.

I don't think Hooters is hiring men, but I could be wrong. Last I heard, they were still vowing to fight every case brought against them, and when they have to, they make a financial settlement so that the courts won't find against them and they can continue their practices.

http://www.onpointnews.com/NEWS/Would-Be-Hooters-Guy-Settles-Discrimination-Suit.html
 

David43515

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Oaktree, I think you handled it well. You saw something you knew was wrong. You politely pointed it out to the people responsilbe because you assumed they were simply unaware of the problem. Then when you realized the manager was a moron, you let his business partners know he was potentially setting them up for a lawsuit.And I assume that you then got on with the rest of your day. The important thing is you didn`t just pass by what you saw as wrong. You tried to help.
 

Carol

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I don't think Hooters is hiring men, but I could be wrong. Last I heard, they were still vowing to fight every case brought against them, and when they have to, they make a financial settlement so that the courts won't find against them and they can continue their practices.

http://www.onpointnews.com/NEWS/Would-Be-Hooters-Guy-Settles-Discrimination-Suit.html


Entertainment is a recognized reason for a BFOQ of one gender or another. Hooters has argued that the Hooters Girls are not just wait staff, but also the entertainment of the restaurant.

Hooters class-action case was settled with the EEOC for 3.75 Million and an agreement that they would hire men in to other positions such as fry cook and bartender. As far as individual cases, not sure how those have ended up.

http://blogs.findlaw.com/free_enter...irls-when-can-businesses-hire-only-women.html
 

Stac3y

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Y'know, if I saw a job ad that said "MUST BE FEMALE," I'd stay the hell away from that place. Maybe I'm just paranoid, but I would have to assume it was some kind of pervert trying to lure women. Especially owing to some of Craigslist's past "issues."
 

crushing

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We don't have the whole story, but one thing to consider is that this discrimination may be to redress past discrimination. It one of the areas where two wrongs are considered to make a right.
 

Flea

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A few years ago there was a case of an employer advertising that they wanted a candidate "with vision." They meant it in the metaphorical sense, but the local and American Council For The Blind raised holy hell. And rightly so! The employer retracted the ad with an apology, and rewrote it for the following Sunday classifieds. I think that shows a lot of maturity on the employers' part.

Employment discrimination isn't as rampant as it used to be, but it takes people raising hell and making noise to keep it down. Or at least behind closed doors. As with bullying, it takes public awareness and outrage to make a substantive change. You did the right thing, and I thank you.
 
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oaktree

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We don't have the whole story, but one thing to consider is that this discrimination may be to redress past discrimination. It one of the areas where two wrongs are considered to make a right.

You could be correct about this. When I spoke to the manager he said he perfered a female. I explained to him the posting says must be female.
I explained to him that it is against Florida law to only hire based on some one's sex among other things. I said that if he changed the posting because of an error on his part of not understanding the law then its fine he knows and the correction made.

It was the arrogance he displayed at refusing to do so and front of "I am a franchise I can do what I please." that made me decided to let the offical channels know about it.

In all honesty I was not looking to work there it was a post I saw that just did not fit well with me and is 5 minutes from where I live. I just can not let such things happen in my community.

I am very thankful for everyone's view and thoughts I am always open for criticism.
 

Marginal

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I'm shocked that he was offering an actual job on Craig's list. It's usually, "Unpaid intern wanted to build my company a web site, and do other work for my clients as I see fit."

Nice illegal jackass postings seem to be the standard...
 

Flea

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It was the arrogance he displayed at refusing to do so and front of "I am a franchise I can do what I please." that made me decided to let the offical channels know about it.

I'm not sure, but I think there's a function in Craigslist where you can flag it for their own admin. I got flagged once for offering to sell something against their policies (in all fairness, it was my own pancreas, not anyone else's.)
 
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