What to do about sex discrimination in the workplace?

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What to do about sex discrimination in the workplace?

I’m a 24 year old male and I came across an employment ad looking for appointment setters over the phone. I called the number and immediately upon hearing my voice the gentleman who answered said the position was already filled; I didn’t believe it as the ad was posted the same day I called. So I had my wife call and the same gentleman told her the position was open and scheduled an interview. Well she was hired started working the day of her interview, a co-worker asked the gentleman (who answered the phone) why there were only females there and no males, he replied and said its because when he answers the phone and its a male asking about the job he tells them that the position is filled. Is this legal?

Asked on June 23, 2011 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, this is not even remotely close to legal. The law prohibits discrimination in employment or hiring on the basis of sex or gender; refusing to hire someone because of their sex is therefore squarely against the law. (There are few exceptions--if one is hiring for a ladies room attendent in a hotel or health club, it's legal to only hire a woman for that role, for example--but the exceptions are few, far between, and all fairly obvious.) While most sex discrimination is against women, sex discrimination against men is also illegal. You could file a complaint with the federal Equal Employment Opportunity Commission (EEOC) or its state counterpart, or possibly consult with an employment attorney to see if you have a lawsuit worth pursuing. Good luck.


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