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I am looking to hire Production workers, FEMALES only. Is it legal to advertise as such, or is that discriminatory??
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Job Postings

posted at 11/7/2011 10:38 AM EST on Workforce Management
Posts: 4
First: 11/7/2011
Last: 11/25/2011
I am looking to hire Production workers, FEMALES only. Is it legal to advertise as such, or is that discriminatory??

Re: Job Postings

posted at 11/7/2011 11:00 AM EST on Workforce Management
Posts: 44
First: 11/7/2011
Last: 5/6/2013
In Response to Job Postings:
I am looking to hire Production workers, FEMALES only. Is it legal to advertise as such, or is that discriminatory??
Posted by dorothym


Depends on why you need only females.  Tell us that, and we'll tell you whether you can advertise for females only.

Re: Job Postings

posted at 11/7/2011 12:44 PM EST on Workforce Management
Posts: 180
First: 9/21/2011
Last: 5/14/2013
Generally that would not work because of discrimination due to gender.   Any policy or practice  that you put into place must be "job related and necessary to the operation of the business".  However, I can't think of many jobs that have a specific gender requirement that would stand up to the Anti-Discrimination laws.

And even if you do not advertise it that way, but hire that way, that would still be discriminatory against the male gender because of the intention to only hire one gender.  Say for instance someone ran across this posting, knew you and your company. This would be good ammunition to prove an intent.

Re: Job Postings

posted at 11/7/2011 1:32 PM EST on Workforce Management
Posts: 32
First: 10/25/2011
Last: 8/27/2012
establishing a BFOQ by gender is difficult at best.  Establishing it for Production Workers, based only upon the perception of the job title, would not be possible in my opinion.

Re: Job Postings

posted at 11/14/2011 8:54 AM EST on Workforce Management
Posts: 10
First: 9/22/2011
Last: 1/20/2012
Hi:

Title VII permits gender based assignment if gender is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise. However, the BFOQ exception is very narrow and applies only in limited circumstances.  Under this standard, an individual cannot be excluded because of sex unless that individual’s sex prevents him or her from being able to safely or efficiently perform job-related activities that fall within the essence of the employer’s business.

I would be extremely  surprised if the BFOQ justification is applicable to your  production positions.


Dave Arnold, Ph.D., J.D.

Re: Job Postings

posted at 1/29/2012 8:40 PM EST on Workforce Management
Posts: 1
First: 1/29/2012
Last: 1/29/2012
My name is Pattie and my background is Occupational Safety & Health. I worked with federal government in Washington, DC. Now I live in Georgia now for 7 years. I am now looking to work part-time job. I coud work full time but I am voluteering to help babies that have been lefted at the hospital at birth. Soooo that is that.. I have background in Facility Manangement with DC Public Schools as well and that was with the federal government. I worked in Child Protected Svs., in DC has well for 8 years in child abuse cases.

Re: Job Postings

posted at 1/30/2012 10:26 AM EST on Workforce Management
Posts: 44
First: 11/7/2011
Last: 5/6/2013

Pattiep52 if you'd taken a moment to look around this site you would have seen clearly that it isn't a resume-posting site.  You would have seen that it's a site for HR professionals and workforce managers to discuss HR issues.  As a result, it's unlikely you'll get the response you're looking for here.

Re: Job Postings

posted at 2/8/2012 3:00 PM EST on Workforce Management
Posts: 1
First: 2/8/2012
Last: 2/8/2012
In Response to Re: Job Postings:When you go to a job site to repost this employment request, I suggest that you take a moment and read your post before sending it out.  You have numerous typing errors as well as grammatical errors which would immediately eliminate you from consideration.

Re: Job Postings

posted at 2/8/2012 4:41 PM EST on Workforce Management
Posts: 1
First: 2/8/2012
Last: 2/8/2012
I'm going to take a different tack and ask WHY do you want to hire females only?  Are you trying to show how your company is boosting the job opportunities for women?  Is it because you don't have enough women in your organization overall?  I agree will all the other posters that it is not legal to advertise for women only, but you could say "Women strongly encouraged to apply."

Re: Job Postings

posted at 2/8/2012 5:26 PM EST on Workforce Management
Posts: 1
First: 2/8/2012
Last: 2/8/2012
In Response to Job Postings:
I am looking to hire Production workers, FEMALES only. Is it legal to advertise as such, or is that discriminatory??
Posted by dorothym


EEO laws prohibit specifically to discriminate in any aspect of employment including job advertisments, hiring decisions, and other conditions for employment such as "employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities, or based on myths or assumptions about an individual's genetic information".

Any individual that might feel his rights have been violated (aka, "any male applicant who apply for that particular position, wheter you are aware or not OR any other person or organization repsenting that applicant in order to protect the Identity") can file a charge of discrimination with the EEOC over the next 180 days and a possible lawsuit whithin 3 years.

The remedies for such a case include hiring that person plus paying any legal costs (ie lawyers, courts. hearings, etc) the parties incurred on resolving the matter.

Short answer: YES, IT IS DISCRIMINATORY!!, Stay away of such postings.
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