Can a company not hire you because you are a man?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a company not hire you because you are a man?
I applied for a job as a Certified Nurses Assistant at a retirement/assisted living home and was told by there HR person that they do not hire men to work as CNA’s. I have been unemployed for almost 2 years now and have been certified for 8 months.
Asked on January 18, 2012 under Employment Labor Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
As a general matter, no--refusing to hire someone because he is a man is illegal sexual discrimination, and you could potentially sue the employer. That said, there are limited occasions when it could be allowed. A classic example is, a company could refuse to hire a man as a women's room or woman's locker room attendant. In the case of nurses, I'd imagine if the specific position you were interviewing for required a woman for some legitimate reason, what they did might be legal, but not otherwise. From what you write, it would be worthwhile to consult with an employment law attorney to discuss this matter in detail--you may have a cause of action.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.