Is it discrimination if your boss says your too short to drive the company truck so you can not come back to work next summer?

UPDATED: Sep 7, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 7, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it discrimination if your boss says your too short to drive the company truck so you can not come back to work next summer?

Summer student working for parents’ company. At end of summer in exit review was advised by the boss that I did a good job but because I could not drive the truck which has a broken seat and will not adjust forward, that she is recommending I not come back next summer. She said it did not have anything to do with my work only the fact that I could not drive the truck.

Asked on September 7, 2011 under Employment Labor Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, it's not illegal discrimination, giving rise to a cause of action:

1) Height is not a protected category (the main categories are race, sex, religion, age over 40, disability), and companies may take into account--i.e. "discriminate" legally--on any basis except the specifically protected categories. This is THE big stumbling block--you're not protected on the basis of your height.

2) Even in regards to the protected categories, a company take into account job needs: e.g. a woman wouldn't be hired as a mens room attendent in a hotel. If there is a legitimate issue about your ability to do the job (drive) on account of height, then even if height were protected, that might be enough to allow them to not rehire you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption