Marina, CA asked in Employment Law and Employment Discrimination for California

Q: Legal for Human Resources to deny position transfer purely based by the sound of my voice? Born with, unable change

First I applied to transfer to a bellman position, a position I had been cover 3 days a week for past month, because its a position with benefits and did not get the job because "I don't smile enough." Then when asked for room service cashier transfer, no face to face interaction with guests at all, I was denied because my voice isn't "up-beat" enough. Can they do that? Its not my fault I was born with this voice, and English is the only language I speak so I am easily understood by all.

1 Lawyer Answer
Louis George Fazzi
Louis George Fazzi
Answered
  • Employment Law Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: Sounds like bs to me. I would go to HR and file a complaint of discrimination based on a perceived physical condition. If the company's HR department fails to act on your behalf, you can file a claim with the California Department of Fair Employment and Housing (DFEH) or with the federal Equal Employment Opportunity Commission (EEOC).

It is illegal to discriminate against an employee based on an actual physical disability or even a perceived disability, which it sounds like you may have. With many corporate employers, the mere threat of filing a discrimination claim is enough to get the HR department to take action on your behalf.

I suggest you start with the HR department first, and go from there.

Good luck to you.

1 user found this answer helpful

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