Question

Tom Peeper has applied for a position as a dressing room clerk at Victoria’s Secret. Tom really wants the job because he believes he could honestly tell a woman whether or not she looks great in certain underclothes. The Victoria’s Secret manager disagrees and does not hire him because he is a male, stating that her customers would feel uncomfortable with him working in the dressing room. Can the manager reject Tom’s application on this basis? Why or why not? Can Tom successfully sue Victoria’s Secret for discrimination? Why or why not?

Answer 1

Yes, the manager can certainly reject Tom’s application on this basis. As looking for their customers’ comfort level, in this case, is the responsibility of the company and its managers. And, Tom can’t sue Victoria Secret for discrimination, as there are provisions that if a certain role requires a certain gender to represent, then the company can hire anyone from a specific gender only, and that would not come under discrimination.