I like lists. They simplify issues. They break down complexities into swallow-able sound bites. And typically they even educate.
I did one in June referred to as Want To Get Sued? A Self-Help Primer. I wrote that “I try to teach clients ‘prophylactic law’ — that is, how to use best practices to avoid problems in the first place, some of which will inevitably lead to lawsuits. But a lot of clients just don’t listen, or if they do, they do not follow this advice. I often wonder if, as with Freud’s ‘death wish,’ they harbor an unconscious desire or need to litigate. Maybe a need to sublimate violent urges into societally sanctioned ways of fighting. Or perhaps a dose of self-hatred.”
And then I offered my record.
Back in January I posted 10 Employment Law Tips For Small-Firm Lawyers, and gave my listing for these who at present have or plan to open your personal regulation agency, then you must know find out how to be an employer.”
Today’s record is for everybody — everybody who’s or shall be on the lookout for a job. It just isn’t meant to be an exhaustive record, solely little recognized ideas that I’ve culled from 40 years in employment regulation. And from innumerable Above The Law articles I’ve posted as a result of, hey, its Labor Day and I’m inherently lazy.
Ok, so that you will not be shocked… Well, perhaps a bit of stunned?
Alright… if the record makes you even increase an eyebrow, then I shall be shocked.
1. Be very fairly.
That’s proper. There is a well known “beauty bias” at work — fairly (and tall) individuals are extra more likely to get employed, whereas the others incessantly get “the short end of the stick.” This, based on Stanford regulation professor, Deborah Rhode, who authored a leading work on magnificence bias:
“A Time article commented that ‘Women with above average looks reportedly made 8% more while below-average looking women had a 4% penalization. While an attractive man earned just 4% more, men who fell below average on the looks scale were docked 13%.’”
And the kicker:
“[A] phone survey discovered that nearly three-quarters of working women consider that ‘appearance and youthful looks’ are essential in hiring, promotion, and rainmaking, and virtually one in 5 both already had a beauty process or would think about doing so due to this.”
So the takeaway from Tip #1: If you could have a selection, go for being good wanting.
2. Be skinny.
You all the time knew this. And research again you up.
“A research at Yale found that ‘overweight adults were 12 times more likely to report having experienced weight-based employment discrimination than thinner persons.’ As one of many research’s authors said, ‘hiring professionals are less likely to hire an overweight candidate as opposed to a thinner candidate with the exact same qualifications.’”
three. Be younger. And the converse can also be true: Don’t be previous.
We might all hope to turn into previous sometime — however not but. At least in case you are in search of a job, as a result of, as I commented earlier, “the workplace has yet to become welcoming — or accepting. Quite the opposite. Ageism in the workplace is unabashedly rampant worldwide, with no sign of changing.”
“The rules of the job market aren’t the same for older workers,” commented Quoctrung Bui within the New York Times. And he famous that a current research discovered that “people over 55 are being ‘funneled’ into ‘old-person’ jobs: ‘a mix of high-skill service work (like managers, sales supervisors and accountants) and low-skill service work (like truck drivers, janitors and nursing aides).”
He additionally famous that “The social stigma for age discrimination is really weak.”
In reality, simply in the present day I learn an article by Ruchika Tulshyan in The Seattle Times during which she, a superannuated millenial, covfefed about age discrimination and says that “while waiting for companies to see the light. … [r]emove all age identifiers from your résumé (and social media).”
four. Don’t interview whereas pregnant. (This is just for women).
Of course, the Pregnancy Discrimination Act forbids being pregnant discrimination, however many employers ignore this and won’t rent women who’re pregnant — for a lot of totally different purported causes. (Which results in a bonus tip: if already employed, don’t get pregnant).
For instance, many employers declare to fret concerning the health of the fetus if pregnant women work, and thereby don’t rent then – or hearth them – “for their own good.”
Not authorized, says the EEOC, which just sued a Comfort Inn franchise proprietor in Michigan after it “fired a housekeeper shortly after it learned of her pregnancy. The company stated that it could not allow her to continue to work as a housekeeper because of the potential harm to the development of her baby.”
No, no, no — paternalism is out within the office, if that, certainly, was the motive.
An EEOC lawyer stated that “Pregnancy discrimination is rarely subtle. Employers may not bar pregnant employees from work because of outdated myths or stereotypes.”
“Rarely delicate … “
Read about this EEOC lawsuit filed final yr the place a California wholesale distributer of orchids allegedly advised feminine staff in employees conferences:
“not to get pregnant, that they have too many children, and the next person to get pregnant should stay home and consider herself fired. EEOC further asserts that pregnant employees were not reinstated or rehired when they attempted to return to work following the birth of their children but were discharged from the company.”
Yep — not so delicate.
5. The last tip is sort of a catch all– it subsumes a number of the most essential ideas you’ll not discover anyplace however right here. “Be male, white, underneath 50, and keep a gorgeous look. Studies and innumerable courtroom instances reveal that these traits … giv[e] you a yuge benefit in getting a job”
If you possibly can, attempt to seem like (a youthful) Brad Pitt or Angelina Jolie. Can’t harm.
Richard B. Cohen has litigated and arbitrated complicated enterprise and employment disputes for nearly 40 years, and is a associate within the NYC workplace of the nationwide “cloud” regulation agency FisherBroyles. He is the creator and writer of his agency’s Employment Discrimination blog, and acquired an award from the American Bar Association for his weblog posts. You can attain him at Richard.Cohen@fisherbroyles.com and comply with him on Twitter at @richard09535496.