From an “In Flair” hiring software program, a female applicant applied for a job. The website has the ability to send a resume to In Flair or to apply directly to the company. The female applicant chose to apply directly to the company, completed the application process and submitted the application electronically. Very quickly the company contacted the female applicant and set up a virtual interview. At the virtual interview, standard interview questions were asked by the company HR rep and answered by the female applicant.
After the virtual interview was over, the HR Rep talked with the female applicant and asked, “tell me about yourself.” The female applicant did so and during this brief period, she mentioned that she was married and had two children and lived in Virginia and was looking forward to working for the company.
The female applicant was later contacted by the company, for a second interview, at the company’s New York Headquarters. She was flown up to New York City and was brought into the interview room, where she met the male HR VP, the male Division Director, and the male Operations manager, whom she would work directly under. The three interviewers were at least 20 to 30 years older than the female applicant; they could be considered “young baby boomers” born between 1946 and 1964, but closer to the early 1960s.
The interview began with standard interview questions, and all seemed well until one of the interviewers asked the applicant whether she was married, had children, if so, how many and their ages. After answering these questions, the second interviewer then asked what her childcare responsibilities were, and how her family felt about her weekly commute between the business's headquarters in New York and the family home in Virginia, which she returned to on the weekends.
The third interviewer then asked the applicant "how her husband handled the fact that [she] was away from home so much, not caring for the family" and said he had "a very difficult time" understanding why any man would allow his wife to live away from home during the workweek, only to be home for just the weekends.
The female applicant was visibly shaken but attempted to answer these questions as professionally as she could. When the interview was over, the three male interviewers got up and left without even thanking the female applicant for her time. The applicant slowly gathered her things and departed the interview room, nobody escorted her out of the building, and she left the building, truly believing it was the worst interview of her professional career. She flew to her home and later told her husband about the interview and the questions the three male interviewers asked her.
Her husband was so mad, for what he perceived to be improper, even illegal questions, that he suggested his wife contact an attorney, be ready to present a written recollection of the interview and see if she had a potential claim against the interviewers and the company. The applicant did so, wrote out her statement, made a legal appointment and soon met an attorney, regarding her recent interview and if she had a potential claim for wrongful mistreatment during an employment hiring interview.
You are the attorney; you read the written statement and talk with the female applicant. The attorney must consider the following:
1. Was the company interviewer’s line of questioning a violation of Title VII? If so, what violation(s)? Why or why not?
2. Was the interview “tainted” to begin with, as the interviewers were all male and the applicant was female? Why or why not?
3. What else would the attorney need for facts or other written evidence before the attorney decides there is sufficient grounds to file a grievance or complaint against company?
4. Would it matter that the applicant has yet to hear from the company, regarding their hiring decision, and it is now going on three weeks?
Sample Solution
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of race, color, religion, sex, and national origin. The questions asked by the interviewers in this case could be considered a violation of Title VII's prohibition on sex discrimination.
Specifically, the questions about the applicant's marital status, children, and childcare responsibilities are all questions that are not job-related and could be used to discriminate against the applicant on the basis of her sex. For example, an employer may be more likely to hire a male applicant who is married with children, because the employer may believe that the male applicant is more likely to be stable and reliable.
Full Answer Section
The question about how the applicant's husband handled the fact that she was away from home so much is also discriminatory. This question is based on the stereotype that women are primarily responsible for childcare and that men are not. This stereotype can lead to discrimination against women in the workplace, as employers may be less likely to hire or promote women who have children.
2. Was the interview “tainted” to begin with, as the interviewers were all male and the applicant was female? Why or why not?
The fact that the interviewers were all male and the applicant was female could be considered a factor that tainted the interview. This is because the interviewers may have been more likely to ask discriminatory questions to the female applicant. However, it is important to note that the mere fact that the interviewers were all male and the applicant was female does not necessarily mean that the interview was tainted. The attorney would need to consider all of the facts and circumstances of the case, including the specific questions that were asked, to determine whether the interview was tainted.
3. What else would the attorney need for facts or other written evidence before the attorney decides there is sufficient grounds to file a grievance or complaint against company?
The attorney would need to gather additional facts and evidence before deciding whether there is sufficient grounds to file a grievance or complaint against the company. This evidence could include:
The applicant's written statement of the interview
Notes or recordings of the interview
Witness statements from people who were present at the interview
Any other documentation related to the interview, such as the job application or the offer letter
The attorney would also need to consider the applicant's damages, such as the emotional distress she suffered as a result of the interview. If the attorney believes that the applicant has a strong case, she may file a grievance or complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC will investigate the case and may decide to file a lawsuit against the company on behalf of the applicant.
In addition to filing a grievance or complaint with the EEOC, the applicant may also file a lawsuit against the company in court. The applicant would need to prove that the company discriminated against her on the basis of her sex in violation of Title VII. If the applicant is successful in her lawsuit, she may be awarded damages, such as back pay, front pay, and emotional distress damages.
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