Man if only I didnt have a baby at home I'd be keen as LOL
Man if only I didnt have a baby at home I'd be keen as LOL
~ Proud Mummy to Alyssa, Rogue & Cole ~
....... www.bysharyn.com .......
Web Designer | Photographer | Nail Technician
I would be so very careful stating that you are looking for a female employee in such a public forum. You could get yourself in all sorts of legal trouble. I'm no lawyer, but I would think you are probably better just to advertise broadly and then hire a female because she was the "best candidate for the role" (setting aside gender of course). :-)
It's a nice idea though. There's a mix on the road - why not in the store. Mt. Eden Motorcycles is the only place that I've seen girls up here.
Last edited by paddy; 18th September 2009 at 09:37. Reason: gramar
The chances of anything coming from Mars are a million to one, he said.
Good point, paddy.
On the other hand if they could argue that one of the key jobs of the "chicky" would be to help/advise other chickies who are trying on gear, then surely they would have an argument that they need a woman on staff?
I mean not every woman would feel comfortable going to buy bike gear in a shop with all male staff.
"Here ya go love, squeeze your buns into these tight leather pants!"![]()
There is no such thing as bad weather; only inappropriate clothing!
I totally concede you point and I can see a lot of value in what you are saying, but unfortunately the law doesn't agree. An employer is not allowed to discriminate based on gender or age.
While it might seem safe posting in the women's forum, it's not here that the issue will come from. It will be some 18yo twerp that wants to work in a bike store so he can buy cheap bits. He's useless so you don't hire him, but then he lodges complaint stating that he read in KB that you were looking for a woman. He's totally unsuitable for the role - but all of a sudden that is beside the point.
A better approach would be to advertise the role without gender inference, but place those advertisements in areas that target women (for example this thread). Then hire a woman based on their qualification for the job (retail experience, friendly, good culture fit, etcetera.). Even if it is a consideration in the back of your mind, gender (and age) must not be a criteria in this decision.
On the other hand, if the original poster was saying "Hey, my work is advertising this non-gender specific role but I think it would be great if some of you women that I happen to know on-line applied" then that is an entirely different matter.
Rainman knows a lot more about this stuff that me if he is lurking about...
The chances of anything coming from Mars are a million to one, he said.
Na screw that, a person would have to be a real asshole if they complained about someone on here who was genuine in their request for certain reasons. And that's the only way anyone would get in the shit for it, if someone complained. I would give them shit.
On a legal point of view, you can offer the job to a certain corner of society if you have reason to do so like Klingon said. It's the same case if you wanted a bra-fitter, little-person wrestler, or big fat guy for Vespa ad. If you have genuine reason, you can specify.
IF on the other hand, it is a non-specific role i.e. nude model, digger driver, plumber, laundry (sorry that one is gender specific) then you will get you ass kicked by the powers that be.
In this case, nice work Pete bloody good idea.
Of course, anyone can correct me if I'm wrong, but from an employer who looked at employment law in my uni days, that's how I have always seen it.
But anyway Pete, any bites? The wife would love this job if we didn't live in the "boring capital" of NZ.
I know I shouldn't because I didn't want to start a big argument, but I just wanted to respond to what ckai has said. Then my lips shall be sealed. This thread is being dragged WAY off-topic from my original "just be careful" post.
This would definitely not be my position. I think it would be great if he hired a woman. (So please don't feel the need to "yell" back at me.) I am just trying to highlight what the laws states and caution "Pete" as to exactly how he goes about hiring that woman. You are obviously a reasonable person BUT there are plenty out there in the world that are not. Unfortunately it's not you that they would complain to, it's the ERA so you "giving them s**t" would have little bearing (and probably just further complicate things). At that point the outcome of that process almost doesn't matter - the process itself would be a nightmare to someone trying to run a business.
Employment law isn't my particular area of expertise; however, the Human Rights Act (1993) and the Employment Relations Act (2000), read together, prevent discrimination on many grounds including gender, age, religious affiliation, marital status, etcetera.
The Employment Relations Act provides for limited exceptions to these criteria where a particular criteria is a "genuine" qualification for a given job. For example, you must be over 18 to serve alcohol. I am _extremely_ confident that working in a motorcycle parts/accessories store would not pass this test. Even using the examples given above you are really only dealing with outerwear. I agree, women may well be more comfortable without a male saying "slip you buns into that love", but that case is addressed in sexual harassment law and not employment law. You are unable to discriminate against a male nurse. Or a male midwife for that matter. Both of these settings being considerably more "intimate" that retail sales.
As an aside, it is also worth noting that where such discrimination is founded by a senior staff member the employer may be considered vicariously liable.
There is plenty of case law around this - unfortunately I don't have access to Brookers or LexisNexis off hand to cite any. Again I will bow out now. I wasn't trying to start a law debate. I was just trying to say be careful. By all means hire a woman, just don't say that's what you are doing in a public forum.
Over and out. :-)
The chances of anything coming from Mars are a million to one, he said.
Correct me if I am wrong, but the poster in this thread has stated reasonably clearly (or so I thought) that he is NOT the person doing the hiring.....
So you guys can argue employment law all you like, its completely irrelevant as the person who posted this missive has nothing to do with who gets hired.
It appears he was merely trying to drum up female applicants....
You can only legally challenge his claim if he was in fact the person doing the hiring/firing......
You guys need to read the thread before you get argumentative.... LOL
~ Proud Mummy to Alyssa, Rogue & Cole ~
....... www.bysharyn.com .......
Web Designer | Photographer | Nail Technician
The law is an arse. It is easy to work around anyway when recruiting. I've never had anyone challenge my reasoning for declining their application.... infact very few people call back and ask why.
Women riders are a fast growing sector of the market. A great idea that many women riders would appreciate the opportunity for employ and create a differentiator for your shop, attracting more potential buyers.
Originally Posted by FlangMaster
You are wrong , the poster is known to be a senior member of staff & has expressed a want for a female for the parts counter, this could be read as a company policy. If some pimple faced boy applied & didn't get the job then HE could then use this thread in a suit against the company.
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