San Jacinto, CA asked in Employment Law and Sexual Harassment for California

Q: My daughter had an interview at winco foods and the assistant manager asked if she was "HOT" Do I have a case?

My daughters bestfriends dad works there also and he put a good word in to the assis manager for her and the first question he asked him was if my daughter was "HOT"

2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Irvine, CA
  • Licensed in California

A: That comment was certainly inappropriate, but there are several things that would suggest there is no legal case based on that one comment.

First, the comment was not made to her or in her presence, so the likelihood that the comment could be used to claim some kind of harassment is minimal.

Next, there is no indication that your daughter was or was not given the job based on this inappropriate comment, so it is presently unknown if there would be a legal case for discrimination. In fact, as crazy as it sounds, "hotness" is not a protected class, meaning that if she were hired or fired on the basis of that answer, no legal case could be made based on that question.

If your daughter is given the job and she works with or around this individual, she would have a claim for sexual harassment if this person engages in unwelcomed conduct or comments of a sexual nature that become so severe or pervasive so as to fundamentally change the workplace, rendering it hostile to her has a woman. The initial comment made to your daughter's boyfriend's dad might be able to be used to provide context at that time.

Good luck to you and to your daughter.

Bruce Alexander Minnick agrees with this answer

William John Light
William John Light
Answered
  • Riverside, CA
  • Licensed in California

A: No, you don't. If your daughter suffered any damages due to sexual harassment or discrimination, she might. She can file a complaint with DFEH and/or the HR Director for the company.

Bruce Alexander Minnick agrees with this answer

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