Can I place an ad with female house cleaner wanted for house cleaning without legally discriminating against men?

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Can I place an ad with female house cleaner wanted for house cleaning without legally discriminating against men?

Asked on November 9, 2010 under Business Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunately, you almost certainly can NOT do this. The laws prohibiting gender-based job discrimination are very strong and permit of few exceptions. There are a very few cases where it is ok to "discriminate" in a job advertisement, hiring, employment, etc.--but those are  the obvious cases, such as a bathroom attendent. There is no reason why either a male or a female can't clean house--it's not monitoring bodily functions or attending a changing room, etc. Certainly it's understandable  why someone might have a preference, but that preference is not enought to overcome the legal rules against gender-based employment discrimination. This is a situation where you will have to advertise for a house keeper in a gender neutral way.


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