It has been said that the more things change, the more they stay the same. That certainly applies to the following case involving the employment application of a biological female who identifies as a male. While the scenario might be somewhat unusual, the legal issue is one that has been around for decades: Can you discriminate on the basis of a protected classification of which you are unaware?
Who are you?
The Minneapolis facility of United Parcel Service (UPS) hires approximately 40 of the 200 to 300 applicants who seek a part-time package-handling job every month. Each applicant must complete the online job application and tour a sorting facility to observe the heavy physical work required of the job before he is given an interview. Because of the high turnover rate, interviews last only 10 to 15 minutes and focus mostly on whether the applicant is likely to stay with the company. Afterward, the interviewer codes the candidate’s application as “ready for a second interview” or “rejected” for specific established reasons (e.g., “poor interview responses” or “poor job history”). The company’s electronic records system allows only one code to be entered, even if more than one might apply. read more…