Good Candidate - Hideous Teeth
Crash
37 Posts
A top candidate (a professional)for an opening that requires dealing personally with auditors, our corporate office, and other outside professionals has the worst teeth I have ever seen in my life. One cannot possibly look at her face without immediately zeroing in on her teeth. They are so gruesome, people conversing with her feel awkward to the point where they don't want to look at her. She is not an outside applicant; she would be transferring from one of our other companies. We feel so strongly about this issue that we want to tell her to get her teeth fixed or no transfer. I sure would appreciate suggestions on how to approach this problem. If you're wondering how she got the job she has now, she was hired by a small company that wasn't willing to pay what other candidates wanted.
Comments
I think what you are wanting to do is not illegal, but I would be very clear on some things before you proceed. Are you SURE her choppers are as bad as you think. Will others agree and stand up to that assessment? Are you SURE that her teeth are as important to the job as you state? Will others agree and stand up to that assessment?
If you are sure about both of those I would argue that you owe it to her to address it. I bet it will not surprise her that she has bad teeth. Maybe she is about to get them fixed, but she needs this raise to get it done.
Instead of mandating it off the bat, why don't you tell her about the problem and she what she says. She might give you the solution herself. If she is otherwise a perfect fit, maybe you can defer some of her salary to go to her teeth?
Someone may cry ADA, but I can't see that fitting.
It's about time we got a good question up here. I was getting bored and looking for some debate.
If you have to meet with people it is a legitimate concern.
Now how to address it with her, well better you than me.........
Honesty is the best policy. Bad teeth are not a protected class, companies can and may desire to project an image as they see fit.
My $0.02 worth,
DJ The Balloonman
You could get in big ADA trouble fishing around about factors that cause certain personal appearance quirks. Even if it isn't a disability, she may argue that you "percieved" her as disabled and sue you anyway.
I'd stay away from this discussion with her at all costs. Hire her if she has the talent for the job and cuteously ignore her teeth.
(I agree that we need a little action around the Forum - and I apoligize if my response looks like I plagerized "If You Give A Mouse A Muffin" ... I could recite that in my sleep...)
Anne Williams
Attorney Editor
M. Lee Smith Publishers, LLC
Good point Anne, if the teeth are enough of an issue don't even go there. "Fit" is a safer issue.
Reality is, others are going to judge her, and your company based on those teeth.........sad but true.
My $0.02 worth,
DJ The Balloonman
I think that if you look to the purpose behind all anti-discrimination laws it is to prevent employers from making snap jusgements about people based on intrinsic/immutable characteristics - and instead to make decisions on ability to do the job. Now, one might argue that bad teeth isn't immutable because you can change it, but really, you are putting yourself in a position to have to defend yourself in court. And I don't care if it is protected or not, you get in front of a jury and say I didn't hire Ms. X even though she was highly qualified and the best person for the job because she had bad teeth, and you can hear the jury asking for a calculator before you get off the stand.
Anne Williams
Attorney Editor
M. Lee Smith Publishers, LLC
I can think of one medical condition that causes bad teeth: bulimia. That's an FYI that may not benefit this discussion, but it proves your point that there might be an underlying ADA-qualifying condition.
Do you have a dental plan ?
By the sounds of it, some of the Dental work could be considered Medical.
As a final thought - is it a bona-fide occupational qualification ? I would opine that it is, for the good of the business.
"You don't have to brush them all, just the one's you want to keep".
I bet if you truely do the cost benefit analysis, paying for better teeth might be the cheapest way.
Sorry to sound like I am playing both sides of the fence, but since she is already employed, I think working with her might be ...more appropriate. If she was an outside candidate I would whip out the thanks but no thanks letter.
My $0.02 worth,
DJ The Balloonman
Let's say that she doesn't have bad teeth - instead she has a huge mole on the end of her nose with several large hairs sprouting out of it. It's not too bad, in fact, it nicely complements the dark black moustache she has and the large purple/red birthmark over her eyes. These are all conditions that probably don't rise to the level of disabilities, and can be fixed through cosmetic surgery, just like teeth that are as screwed up as a tomato soup sandwich. Would it be a BFOQ to require her to get the surgery or else not get the job? I really think you are treading in dangerous areas here.
Anne Williams
Attorney Editor
M. Lee Smith Publishers, LLC
>instead she has a huge mole on the end of her
>nose with several large hairs sprouting out of
>it. It's not too bad, in fact, it nicely
>complements the dark black moustache she has and
>the large purple/red birthmark over her eyes.
Anne,
When did you meet the lady at the local dry cleaners????? You described her to a T. Her physical appearance has not made me stop taking my cleaning there because she provides the best customer service at any cleaners I have ever used.
You said she was "a" top candidate not "the" top candidate. Are there others equally or better qualified in the pipeline to choose from? As a public employer, our selection processes are competitive and we try to emphasize the positives of all candidates rather than the negatives of one candidate and hopefully, this justifies selection of the candidate we feel is best for the position.
Just a thought.
If the teeth are really that big an issue, invest in a little dental work for an employee who might repay your company in ways you cannot even imagine.
Once she accepts then you have a side discussion with her about her teeth. One of two things will happen- she will be humiliated and quit, or she will thank you for caring enough for bringing it to her attention. Because you have offered her the transfer, I don't see the risk of her coming back with a charge- you offered the job, she accepted, and then she resigned.
If you bring it up, be prepared to offer her money to help correct the problem. A little empathy goes a long way. I like Baloonmans suggestion about a repayment agreement. This type of document will allow you to document the reason and hopefully mitigate the pretext discrimination claim that may come.
Thoughts...???
With that statement in mind, I think you go with her. Sure she is aware of it, and as with Beagles EE, maybe she is just a good dental policy away from getting it done (those policies usually have a one year waiting period).
Be honest with her and go for it. Now if Anne's scenario comes about, and the condition cannot be fixed - you have a problem.
Don't think for one minute that she doesn't know about the teeth if they are that bad...probably just can't afford it.
If you are truly wanting to transfer her, I would lay this on the table and tell her that she is the top candidate, but the concern is her appearance, i.e., teeth. I would then follow up with the company's willingness to help out with this.
If she doesn't jump all over this....she is crazy!
I have frequent face to face contact with applicants, employees, and sometimes our contractors, and my smile made me self conscious. (It still does, not quite finished!) I'm sure this lady is well aware of her appearance. Gently make the offer to support her dental corrections, because it sounds as though she is the right person for the job in every other way. Do this, and you will retain a quality employee and make someone happy at the same time.
Linda
P.S.: A picture of my hubby and me will be coming soon - and I'm gonna be smiling big!