As a PE teacher looking to get hired, is it illegal for employers to hire based on sex?

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As a PE teacher looking to get hired, is it illegal for employers to hire based on sex?

I am a male PE teacher, finding job postings that state ‘female preferred’ with
no explanation why.

I applied for an opening on edjoin.org. Since the closing date of post the
district re-opened the position and listed ‘female preferred’ in their updated,
but same vacancy.

I have also had other jobs fall through and heard that after they were only
looking for female teachers, even though this was not specified.

Asked on May 17, 2017 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

This *may* be one of the rare cases where a sex-based preference is legal. Generally, sex discrimination in employment is illegal; hiring, etc. decisions must be made without regard to gender. But there are  a handful of jobs were sex is a legitimate business requirement; in those, employees may hire based on sex. Exotic dancers are an obvious exception; another are the restroom attendents that some high-end restaurants or hotels have, since you would not have a woman in a men's room or vice versa. IF the schols are hiring for a position where part of the job may be monitoring the girls' changing/locker room, then sex is a legitimate factor: having a male teacher go into the ladies' locker room could be problematic. But if something like that is not an issue, then this is likely illegal discrimination.


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