Legal Question in Civil Rights Law in New York
I am diabetic, 53 years old and overweight. I recently started an exercise and diet program. As an incentive, I received certification as a Nutrition and Wellness Consultant and am completing my exam for Personal Fitness Trainer certification. I am hoping, when I get in shape, to get a job in these areas - since I am still unemployed and having no luck. I was a former corporate manager for 20 years.
Last month I purchased a Fitness magazine for Men. It was very interesting. I went onto their webiste because I wanted to see if there was information about exercise or diets for diabetics. I went onto the contact page, where there were two options - EDITOR'S DESK or CUSTOMER SERVICE. I clicked on Editor's Desk...it brought me to a regular email form (not a form where you put your name or anything). I asked a question and clicked send.
The next day I picked up the current issue of the magazine. While I was waiting to pick up my daughter from work, I thumbed through it. When I got to the MAIL ROOM page, I saw an interesting heading - Weight Loss for the Diabetic. I started reading...
"I read my first copy of your magazine today and I'm considering subscribing. I am a 53 year old male, type 2 diabetic on oral medication, and weigh 270 pounds."
The letter was signed with my name.
It is hard enough looking for a job. Now I have an article, (where there was no permission given to print...no indication when I was sending it that it would be published...nothing), that has my age, weight and health condition. While it may be rare, a prospective employer could see this and "silently" discriminate based on what he reads! And this is a national (if not international) magazine. PLUS...I mentioned that I will be trying to get a job in the fitness industry. How many prospective FITNESS employers do you think read this magazine who may see this article???
I believe that, by printing this letter (without permission or any notification on the CONTACT page of their website) I have had my chances for employment tarnished.
I would like your advice to see if there is possible legal action that can be taken here.
1 Answer from Attorneys
In order to be successful in your claim that your chances for employment have been tarnished you would need to show that you were denied employment due to the article. There must be some connection between the two.
You might, however, want to look into the fact that the article was printed without your knowledge or consent and included your name.
Patricia Martin-Gibbons
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