If I was denied an application for employment because I am a male, does that constitute discrimination against gender?

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If I was denied an application for employment because I am a male, does that constitute discrimination against gender?

I walked into a local restaurant asking for an employment application due to the “Hiring” sign I had observed outside and the owner told me he would not give me one because I am a male.

Asked on May 3, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

That most likely is illegal sex- or gender-based discrimination. Employers may NOT choose whom to interview or hire based on sex, except in *very* limited circumstances which would not apply here. (For example, if a health club or hotel is hiring a locke rroom or bathroom attendent, it may hire only people of the appropriate gender--e.g. a woman for the woman's locker room or a man for the men's room.) If the owner refused to give you an application because you are male for any of the typical restaurant jobs (server, host/hostess, bartender, cook, bus person, etc.), that would be discrimination; you may wish to contact your state department of labor or equal rights/opportunity commission to file a complaint.


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