Can a company not hire you because you are a man?

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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 9 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.


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