What exactly is sexual discrimination in hiring practices?
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What exactly is sexual discrimination in hiring practices?
About a week ago I went to a hardware store near my house. I am 15 years-old and I went to apply for a job there but I was told that I needed to be 18 and that they usually don’t hire guys. My friend who is a 16 year-old female, got an application and got hired as a cashier. Is this a case of sexual discrimination?
Asked on November 7, 2010 under Employment Labor Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
If they are not hiring men because they are men, that may well be sexual discrimination. Illegal sexual discrimination is when one person is not hired, or is fired, or is otherwise treated negatively at work, simply because of his or her gender. (Or conversely: when another person is given prefential or better treatment because of his or her gender.) The issue is not merely whether or male is treated worse than a female or vice versa, since there are many legitimate reasons for preferring one candidate over another: better experience or education; interviewed better; etc. However, if the reason for the differential treatment is based on a person's sex or gender, then that is illegal under employment law--sex or gender can't be the main reason for an employment-related decision.
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