Is this legal?

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Is this legal?

I work for a company that has 2 24 ft trucks. My team consist of 4 people myself a 48 year old male, my lead a 59 year old male and two females one 59 and 1 25.everytime someone is needed to drive a truck the females aren’t required to do it so I am called upon and expected to do it simply because I am a man.this happened today and I was told one of the females would go with me. I described the work we would be doing as hard and instead of sending the female she was replaced by a male. We all have the same job title but I’m giving job assignments and decisions are based on gender. This seems illegal to me and I want to know if I have a case?

Asked on August 21, 2017 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, gender discrimination is NOT legal in almost all cases--the only times you can ever make work decisions based on gender is in very specialized and obvious cases, like only hiring a male bathroom attendent for the men's room at a high-end restaurant or hotel, or hiring females to work in the ladies' locker room at the gym. So if they constantly make men drive or do the "hard" work, that is illegal, and you may have a case for gender discrimination. You may wish to contact the federal EEOC to see about filing a complaint.


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