university and career opportunities

UPDATED: Oct 1, 2022

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university and career opportunities

At UCSD there is a group of professors in my department who have an
advocacy group in which the give women and only women, particularly women
who have joined the advocacy group career/research/funding opportunities.
They also regularly pressure the department to exclude men from the hiring
pool, because they want more women, claiming that women find it difficult to be
around people who don’t look like them. Recently they openly admitted to
preferentially hiring three women based on their gender. What does the law say
about this?


Asked on September 9, 2017 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

This is completely illegal. Federal law prohibits making employment decisions based on gender or treating people different in employment because of their sex. There is no doubt but that "openly admitt[ing]  to preferentially hiring 3 women based on their gender" is illegal; and it would also be illegal to retaliate against you or anyone else who file a complaint, either internally or to the EEOC, about this.
(Techically, there are a very few, completely obvious, jobs where you may have a hiring preference based on sex. For example, you could choose to hire only men to be the men's room attendents in high-end restaurants or hotels; only women to work in women's locker rooms at a health club; an Ob/Gyn office could ensure that at least one nurse or health aide is female if the doctor is male, so that a women who wanted a female present during an exam could have one, etc. But these positions are very much the exception.)

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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